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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My Landlord is selling the house I rent, is he allowed to let people just walk through the house without 24hr notice?

They have a key to get in the house on the sign but don’t give us a 24hr notice and enter our home without our approval. Is that allowed? And can they evict us with a lease?

N'kia (NLN)
N'kia (NLN)
answered on Jun 1, 2023

If a residential lease agreement says the landlord must provide at least 24 hours' notice, then the landlord must abide by this requirement. If the agreement doesn't say how much notice is required, the parties should expressly agree to a reasonable time frame. 24 hours is considered... View More

2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Being evicted NOT due to non-payment or illegal activity

Been renting for 6 years on an agreement, no lease. Landlord now say he needs the house, no other reason, and giving us 30 days.What rights do I have?

N'kia (NLN)
N'kia (NLN)
answered on Jun 1, 2023

In North Carolina, without a written lease agreement saying otherwise, residential tenancy is month-to-month. That means that either party can terminate by providing notice of 30 days or more. The terminating party isn't required to give a reason, as it is merely a termination, not an... View More

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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is my girlfriend allowed to bring her emotional support dog into my apartment

My apartment has a fee for pets and no pets are allowed in without paper work and a monthly payment. However my girlfriend is visiting with her emotional support dog. Can they refuse her dog to stay there? I am in Wilson NC

John Michael Frick
John Michael Frick
answered on May 13, 2023

No. Under the federal Fair Housing Act (FHA), management is prohibited from discriminating against the disabled and would be required to permit your disabled girlfriend to bring an assistance animal to your community (even if it is a “no pets” property). The FHA extends not only to residents,... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord charge for light bulbs and smoke detector batteries?

Took those costs out of security deposit

Will Blackton
Will Blackton
answered on May 9, 2023

Under North Carolina law, a landlord generally may not charge a tenant for the cost of routine maintenance or repairs, such as replacing smoke detector batteries, out of the tenant's security deposit.

North Carolina's Tenant Security Deposit Act (TSDA) requires landlords to return...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Options for tenants when apartment complex allows violations of local Town noise ordinances.

Lived in my apartment for 8 years. New neighbor consistently jumps around with enough force to rattles floors and walls, and shouts at his dog, roommate and visitors, all before 7:00am and after 9:00pm, including weekends and holidays. Reported to management 4 times, and included verbal and written... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

Since apartment units share walls, the threshold for "unreasonable" noise tends to be higher than the threshold for free-standing residential properties. Also, one tenant's violation of a noise ordinance doesn't usually give another tenant any special rights, unless the lease or... View More

1 Answer | Asked in Small Claims, Landlord - Tenant and Libel & Slander for North Carolina on
Q: If I was falsely accused of illegal activity and slandered upon is that illegal?

I rented a house from a company. Upon check in the woman discriminated against me because I had teenage kids. She then falsely accused me of doing illegal activity and trashing that house, in which I had video proof did not take place. It was prior tenants that did it the weekend before because a... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

As for the potential housing discrimination claim, you didn't provide enough information for anyone to try to point you in the right direction.

As for the potential defamation ("libel" if written/"slander" if spoken) claim, whether or not you could win would depend...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I live in North Carolina and in a bad relationship with my girl friend and would like to get out of it

I am 64 years old and living with my girl friend. My girl friend came to live with me about 8 years ago, few years after I bought my house. My girl friend and I have no children together. The house and all the utilities are on my name and I have always paid for all the house related expenses... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 12, 2023

Your issue is potentially complex. There are several possible ways that you might be able to handle it, but an attorney would need to gather more information to be able to evaluate which option might be most appropriate.

You may consider starting by consulting with a landlord-tenant...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I establish a trust account to hold tenant deposit money in North Carolina?
N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

First, find a financial institution that is properly authorized in North Carolina. Next, confirm that they offer tenant trust accounts. (Some institutions may call them "escrow" accounts.) Then ask them as many questions as you need. For example, you may want to confirm what documents and... View More

2 Answers | Asked in Bankruptcy, Civil Litigation and Landlord - Tenant for North Carolina on
Q: Renter and him filing bankruptcy

I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 15, 2023

When a bankruptcy case is filed, it triggers an "automatic stay" against any action to collect a debt against the debtor or his property.

For those who know, or should know, or constructively know, of the bankruptcy filing, and persist with collection efforts, even for possession...
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2 Answers | Asked in Bankruptcy, Civil Litigation and Landlord - Tenant for North Carolina on
Q: Renter and him filing bankruptcy

I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 15, 2023

Did he file bankruptcy before the breach of the lease or after? I agree with the other attorney that you should consult your own attorney privately for advice before your court datethe specifics need to be reviewed and we can't do that for you here (don't just ask a general question here... View More

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1 Answer | Asked in Landlord - Tenant and Municipal Law for North Carolina on
Q: I am a disabled veteran who currently lives with a friend/homeowner who does not want to fix ac and other problems.

Instead of having a new ac unit installed she is relying on the old unit being refurbished. Yet I pay for utilities and other miscellaneous bills including a bathroom remodel. It's not safe for my condition to continue to stay here if these problems persist. As a disabled veteran what are my... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 7, 2023

In general, if there is a condition that makes things unsafe and a health hazard - lack of running water, lack of useable toilet bathtub or shower, leaky sewage, standing water or leaks causing mold,unsafe electrical system, rotten stairs or floorboards, lack of operable locks, for example - the... View More

1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: I had eviction court on 1-9-23. How long do I have to willingly move out? I don’t wanna get blindsided. Greenville NC.

I haven’t received any notice in the mail stating a certain date to move, but I’ve researched and it’s said something about 5 days from writ of possession and 10 days additional. But I’m still confused on the exact deadline to move out!

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jan 17, 2023

You have ten days from the date of the entry of the Order to appeal the magistrate's ruling. You file the appeal in the clerk of court's office. That appeal will be heard in District Court. If you do not file the appeal as an indigent, you will need to post a bond. If the ten days pass,... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: is there anyway to win in a eviction case with a month to month lease

1)I was scammed into renting a home. 2)When it discovered by the real home owner ABJ Investment they graciously allowed my family to stay. The home however had been sitting for over ten years and many repair needed. Major repair replace water pump. $1500. Investor allowed us to repair the water... View More

James L. Arrasmith
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answered on Mar 28, 2024

In cases involving month-to-month leases, your options for contesting an eviction largely depend on the specific circumstances, including any agreements made with the property owner and local tenant protection laws. Given your situation, where there was an initial scam followed by an agreement with... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My car was towed in the middle of the night. They want $300 and it was towed for no pass but I’ve not been given a pass

Should I go after the property for the funds? Doubt they’ll pay I’m still seeking an attorney for the mold here.

James L. Arrasmith
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answered on Mar 26, 2024

If your car was towed due to the absence of a parking pass that you were not provided with, it's important to address this issue directly with your property management. Document your communications and ensure that you have written evidence of your attempts to resolve the issue, such as emails... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it better to go to small claims court or use a collection agency to recover unpaid rent

Tenant moved out and didn’t pay last month’s rent and damages, and refuses to pay although she originally agreed to pay at the end of the month.

James L. Arrasmith
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answered on Mar 26, 2024

Deciding between small claims court and a collection agency to recover unpaid rent and damages depends on various factors including the amount owed, your personal resources, and your patience for the process. Small claims court can be a direct method where you represent yourself and argue your... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a landlord demand my boyfriend to show proof of his residence and called him an unauthorized guest, my lease no rene

I had his auto insurance and bank statement from his residence and she added my lease wasn't going to be renewed. We spend a lot of time together over a year now. I feel targeted not only by the landlord but the residents here at the apartment complex. What rights do I have?

James L. Arrasmith
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answered on Mar 26, 2024

In many locations, landlords can set terms about guests and residency in their lease agreements. If your lease specifies limits on long-term guests, your landlord may request proof of your boyfriend's primary residence to ensure compliance with the lease. It's important to review your... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I am disabled and my daughter is my caretaker can she evict me and make me homeless
James L. Arrasmith
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answered on Mar 26, 2024

If your daughter is your caretaker and there's an established legal or familial agreement regarding your care and living situation, it's generally not straightforward for her to evict you without due process, especially if you're disabled. Laws vary by location, but they often... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do you sue a landlord for wrongful eviction in Mecklenburg County?

About $20,000 of business property has been removed from my rental space. I’m late on my July rent and only received a notice from the landlord’s attorney about paying the past due amount. A formal criminal police report was filed on 8/20/2023.

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Hire an attorney; this amount is too large for small claims court, and I would not recommend representing yourself in district court.

1 Answer | Asked in Foreclosure, Land Use & Zoning, Landlord - Tenant and Probate for North Carolina on
Q: Can I claim the more left of from foreclosure if the loan was in my husband's name but deed was in mine?

My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2023

Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.

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