§ 42-12. Lessee may surrender, where building destroyed or damaged. - North Carolina Statutes

§42‑12.  Lessee may surrender, where building destroyed or damaged.

If a demised house, or otherbuilding, is destroyed during the term, or so much damaged that it cannot bemade reasonably fit for the purpose for which it was hired, except at anexpense exceeding one year's rent of the premises, and the damage ordestruction occur without negligence on the part of the lessee or his agents orservants, and there is no agreement in the lease respecting repairs, orproviding for such a case, and the use of the house damaged or destroyed wasthe main inducement to the hiring, the lessee may surrender his estate in thedemised premises by a writing to that effect delivered or tendered to thelandlord within 10 days from the damage or destruction, and by paying ortendering at the same time all rent in arrear, and a part of the rent growingdue at the time of the damage or destruction, proportionate to the time betweenthe last period of payment and the occurrence of the damage or destruction, andthe lessee shall be thenceforth discharged from all rent accruing afterwards;but not from any other agreement in the lease. This section shall not apply ifa contrary intention appear from the lease. (1868‑9, c. 156, s. 12;Code, s. 1753; Rev., s. 1992; C.S., s. 2352.)