Short Answer

In North Carolina, a landlord can file an eviction case, but they generally cannot lawfully evict you because you acted in good faith to enforce your legal rights. If an eviction is filed in response to protected tenant activity, you may be able to raise “retaliatory eviction” as a defense in the eviction case. That said, retaliation protection is not a free pass—if there is a valid, non-retaliatory reason (like unpaid rent or another substantial lease breach), the landlord may still be able to proceed.

Understanding the Problem

If you are a tenant in North Carolina and you file (or are about to file) a negligence claim after being injured at your apartment complex, you may wonder: can your landlord try to evict you in response, and what happens if they do? This question matters because an eviction filing can move quickly and can affect your housing even while your injury claim is pending. Here, one key fact is that you were injured at the apartment complex and are considering a negligence claim while you continue medical treatment.

Apply the Law

North Carolina law recognizes a defense called retaliatory eviction. In plain English, it means a landlord should not be able to use the eviction process as punishment for certain good-faith actions by a tenant—such as trying to enforce rights under the lease or under state or federal law. Retaliation typically comes up when the landlord files a summary ejectment case (North Carolina’s standard eviction court process), usually heard first in small claims court before a magistrate in the county where the rental unit is located.

Key Requirements

• Protected activity: You (or someone in your household the landlord knows about) must have engaged in a protected, good-faith act—such as requesting repairs for conditions the landlord must fix, complaining to a government agency about health/safety issues, or trying to enforce rights under the lease or the law.
• Timing link: The law allows you to present evidence that the eviction filing is substantially in response to a protected act that occurred within the prior 12 months.
• Eviction case is the forum: Retaliation is typically raised as an affirmative defense in the landlord’s summary ejectment (eviction) case, not as something you wait to address later.
• Landlord can still win for valid reasons: Even if you did something protected, the landlord may still prevail if the real reason is a lawful ground—commonly, nonpayment of rent or another substantial lease breach.
• Remedy if retaliation is found: If the court finds the eviction is retaliatory, the court should deny the request to evict (while still allowing appropriate judgments like rent due, if proven).

What the Statutes Say

• N.C. Gen. Stat. § 42-37.1 (Defense of retaliatory eviction) - Lists protected tenant activities and allows a tenant to raise retaliatory eviction as an affirmative defense in a summary ejectment action, including a 12-month lookback.
• N.C. Gen. Stat. § 42-37.2 (Remedies) - If the court finds retaliation, it must deny ejectment (though the landlord may still pursue rent due or other appropriate relief).
• N.C. Gen. Stat. § 42-25.6 (Manner of ejectment of residential tenants) - States that residential tenants may be removed only through the legal eviction procedures (no self-help lockouts).
• N.C. Gen. Stat. § 42-28 (Summons issued by clerk) - Sets the basic timeline for the eviction summons/initial hearing date (generally within seven days of issuance, excluding weekends and legal holidays).

Analysis

Apply the Rule to the Facts: Because you are considering a negligence claim related to an injury at the apartment complex, the key question is whether your actions qualify as a protected, good-faith attempt to enforce rights under the lease or under state law, and whether any eviction filing is substantially in response to that protected activity. If the landlord files an eviction soon after you assert your rights (for example, by demanding repairs tied to safety conditions or by formally pursuing legal rights), that timing can support a retaliation defense. But if the landlord can show a legitimate, non-retaliatory ground—like unpaid rent or another substantial lease violation—the retaliation defense may not stop the eviction.

Process & Timing

1. Who files: The landlord typically files. Where: Small claims court (before a magistrate) in the county where the rental unit is located, through the Clerk of Superior Court. What: A complaint for summary ejectment and a summons setting a hearing date. When: The summons generally requires an appearance date not to exceed seven days from issuance (excluding weekends and legal holidays).
2. Your response: You appear at the hearing and raise retaliatory eviction as an affirmative defense, with documents and testimony showing the protected activity and the timing/connection to the eviction filing.
3. Decision: The magistrate decides whether the landlord proved a lawful basis for possession and whether retaliation applies. If retaliation is found, the court should deny the request for ejectment, though other appropriate money judgments (like rent due, if proven) may still be entered.

Exceptions & Pitfalls

• Nonpayment of rent and other substantial lease breaches: Retaliation protection does not usually block an eviction if the real reason is unpaid rent or another substantial lease violation and the landlord can prove that is the reason for the eviction.
• “Protected activity” must be in good faith: The defense is strongest when your complaint/request/enforcement effort is honest and tied to real rights (like safety repairs the landlord must make), not a pretext.
• Proof problems: Retaliation often turns on evidence. Keep copies of repair requests, emails/texts, photos of conditions, and any written notices so you can show what you did and when you did it.
• Do not ignore the eviction case: Even if you believe the landlord is retaliating, missing the hearing can lead to an eviction judgment. The negligence claim and the eviction case are separate tracks.
• No self-help removal: If a landlord tries to lock you out or remove you outside the court process, North Carolina law generally requires eviction only through the statutory procedure, and you may have remedies.

Conclusion

In North Carolina, a landlord may not lawfully evict you in retaliation for good-faith efforts to enforce your rights, and you can raise retaliatory eviction as a defense if the eviction is substantially in response to protected activity within the prior 12 months. However, the landlord may still be able to evict for a valid, non-retaliatory reason such as unpaid rent or another substantial lease breach. If you are served with a summary ejectment summons, your next step is to appear in small claims court and raise the retaliation defense at the hearing.

Talk to a Personal Injury Attorney

If you're dealing with an injury at an apartment complex and you’re worried that pursuing a negligence claim could trigger housing pressure, an attorney can help you understand how your injury claim and any landlord-tenant issues may overlap and what timelines you need to protect. Reach out today: [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.