North Carolina § 42-34 - 1. Rent pending execution of judgment; post bond pending appeal.

§ 42-34. 1. Rent pending execution of judgment; post bond pending appeal.

If the judgment in district court is against the defendant appellant, it is sufficient to stay execution of the judgment during the 30-day time period for taking an appeal provided for in Rule 3 of the North Carolina Rules of Appellate Procedure if the defendant appellant posts a bond as provided in G.S. 42-34(b). No additional security under G.S. 1-292 is required. If the defendant appellant fails to make rental payments as provided in the undertaking within five business days of the day rent is due under the terms of the residential rental agreement, the clerk of superior court shall, upon application of the plaintiff appellee, immediately issue a writ of possession, and the sheriff shall dispossess the defendant appellant as provided in G.S. 42-36.2. If the judgment in district court is against the defendant appellant and the defendant appellant does not appeal the judgment, the defendant appellant shall pay rent to the plaintiff for the time the defendant appellant remains in possession of the premises after the judgment is given. Rent shall be prorated if the judgment is executed before the day rent would become due under the terms of the lease. The clerk of court shall disburse any rent in arrears paid by the defendant appellant in accordance with a stipulation executed by all parties or, if there is no stipulation, in accordance with the judge's order. If the judgment in district court is against the defendant appellant and the defendant appellant appeals the judgment, it is sufficient to stay execution of the judgment if the defendant appellant posts a bond as provided in G.S. 42-34(b). No additional security under G.S. 1-292 is required. If the defendant appellant fails to perfect the appeal or the appellate court upholds the judgment of the district court, the execution of the judgment shall proceed. The clerk of court shall not disburse any rent in arrears paid by the defendant appellant until all appeals have been resolved. History (1998-125, s. 2; 2012-17, s. 1; 2021-47, s. 8; 2021-88, s. 5.) Effect of Amendments. - Session Laws 2012-17, s. 1, effective October 1, added subsection (a); redesignated former subsection (a) as subsection (a1); and added "and no additional security under G.S. 1-292 is required" at the end of the first sentence in subsection (b). For applicability, see editor's note. Session Laws 2021-88, s. 5, effective July 22, 2021, substituted "is sufficient” for "shall be sufficient”, and "G.S. 42-34(b), No additional” for "G.S. 42-34(b), and no additional” in subsection (a); substituted "disburse” for "disperse” in subsection (a1); and substituted "is sufficient” for "shall be sufficient,” "G.S. 42-34(b). No additional” for "G.S. 42-34(b), and no additional,” and "disburse” for "disperse” in subsection (b).