Cassaundra Spinks v. Taylor

BRANCH, Chief Justice.

Plaintiffs first contend that the trial court erred in granting summary judgment for defendant since North Carolina law does not recognize a landlord’s right to use peaceful self-help to evict tenants who are subject to forfeiture for non-payment of rent. Defendant maintains on the other hand that at common law a landlord had the right to reenter peacefully and take possession of leased premises subject to forfeiture, and that nothing in the statutory or case law of this state abrogates that common law right.

At early common law, a lessor was permitted to reenter leases…