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Questions Answered by Paige Kurtz
1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it possible to have an eviction removed within a year?

I have been paying my rent on time every month since I have been in my previous apartment. It has been difficult due to the difficulties I have had getting to and from work. Since I have transportation issues I can't make the money I need to pay my rent. I've had transportation problems... View More

Paige Kurtz
Paige Kurtz
answered on Feb 24, 2017

If you are referring to having an eviction on your credit record, then no, there is no ability to have it removed. However, if you pay the amount due, then it should show as paid. Unfortunately your question is not clear as it says you have paid every month. If so, I am not about why there was an... View More

1 Answer | Asked in Business Law and Employment Law for North Carolina on
Q: I have a now employee who quit and left his tools and Toolbox at my business. What can I do with his property?
Paige Kurtz
Paige Kurtz
answered on Feb 23, 2017

I would send a written notice to the employee to pick up the tools by a certain date. Not knowing the timing here, a full answer is not possible. If you have the employee's address, you could deliver. There is not set time frame on this, but after a reasonable time, I would argue that they... View More

1 Answer | Asked in Business Law for North Carolina on
Q: What licenses are needed to open a Hookah lounge establishment that serves alcohol?

What are the rules in regulations with the state of North Carolina that I must adhere to when opening a hookah lounge and what licenses are needed.

Paige Kurtz
Paige Kurtz
answered on Feb 20, 2017

At the very least, you will need a license issued by the ABC Board for alcohol sales. There are different levels of licenses depending on your alcohol needs. Additionally, you will need business licenses. The licenses vary by county. Its best to consult with an attorney to discuss your specific... View More

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: If a homeowner signs a contract for renovations and are not provided addendums to the conract is the home owner liable?

Addendums.were requested numerous times by the homeowner with no addendums from contractor. We paid the contracted amount as per the contract in full. The contractor is now asking for random amounts for things he did extra over the contracted amount. We have asked for detailed breakdiwn of... View More

Paige Kurtz
Paige Kurtz
answered on Feb 14, 2017

There is nothing wrong with requesting documentation of additional work performed and the authorization to perform that work. If the work was not authorized, then generally, he would not be able to collect from you. However, there are other legal theories under which an argument could be made to be... View More

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: I am starting a food trailer buisness and my investor decided to back out before we signed a contract but he gave me

A check for$ 7,800 to purchase the trailer I paid 12,000 to finalize the purchase what is my legal obligation to pay the money back is there a time frame? What legal actions can he take against me?

Paige Kurtz
Paige Kurtz
answered on Feb 13, 2017

It depends on the terms of your agreement, whether written or oral. The money was paid and used for the intended purpose, so no doubt you have a contract. What was your agreement with respect to the money? To pay back after a certain time frame or when the business reached a certain point? If there... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I evict my nephew?

He has been staying with us for about 3 years. He lost his job and we came to an agreement that if he wants to still stay with us he has to find a job to pay rent. He agreed to the terms but he still has no job and does not plan on getting one. We gave him a date and now he says he is not leaving.... View More

Paige Kurtz
Paige Kurtz
answered on Feb 8, 2017

You'll need to file a summary ejectment action in small claims court to evict your nephew. Once the date for his departure passes, you can file the action.

1 Answer | Asked in Contracts for North Carolina on
Q: I was hired as an independent contractor, Cleaning airline offices. No contract has been signed other than terms of

Payment on invoices. Repeatedly, I have been paid late and they have refused to pay late fees. My payment contact has repeatedly lied about payment being "in the mail" so I have suspended service until payment is received . Can they fire me for this and do I have rights to fight that?

Paige Kurtz
Paige Kurtz
answered on Feb 8, 2017

Unless there was a written contract provision preventing it, the company can terminate the contract at any time. You are not required to continue to perform new services. Even if the contract is terminated, you will be owed for work already performed. You'll have to decide if you want to... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord refuses to fix damages to the property and still charges full rental amount. Can I take legal action?

She was informed of damages and has seen damage before we ever moved in. Refuses to repair claiming it wasn't her fault.

Paige Kurtz
Paige Kurtz
answered on Jan 26, 2017

You may not withhold rent in North Carolina for the failure of the landlord to fulfill her responsibilities. You may, however, file a small claims action to enforce the North Carolina statutes to provide fit and habitable premises. Depending on the condition and the issue, the court may order rent... View More

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: How do I renew a judgment against someone in NC when I don't have their current address?
Paige Kurtz
Paige Kurtz
answered on Jan 26, 2017

You will need to be able to serve the party at some point, with the renewal of judgment. If you are coming close to your deadline, you should go ahead and file the renewal. Then you'll need to attempt service in any manner possible. If all other options fail and after you have tried all other... View More

1 Answer | Asked in Business Law for North Carolina on
Q: Should I get a llc for my small etsy store and blog for the protection?

I don't make much money from etsy store and I don't make any money from my blog but I would like the protection. I sell small charms and I'm worried about the liabilities that come with that.

Paige Kurtz
Paige Kurtz
answered on Jan 24, 2017

Forming an LLC or other business form can offer protection to individuals and individual assets should a claim be made against a company. Based on your information, I am not sure what the size of claims against you could possible be for small charms. Nonetheless, you could consult with an... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: how long does it take refund a security deposit if the property was never rented and no lease was signed?
Paige Kurtz
Paige Kurtz
answered on Jan 23, 2017

If there was truly no lease, then the security deposit should be refunded as soon as possible. However, given the information provided, perhaps the landlord believes there was at least a monthly rental. If so, they may be attempting to keep the deposit to pay for rent. More information would be... View More

2 Answers | Asked in Contracts for North Carolina on
Q: Is this personal loan contract between friends 'legally binding'?

My friend is loaning me money via a home equity loan to pay off my student loans (~$85k) that I have been paying on for 10 years. We have a contract that is written up that I will pay him $2000 a month (what I pay now) over the next 4 years (which is way shorter than the current payoff approach),... View More

Paige Kurtz
Paige Kurtz
answered on Jan 23, 2017

Contracts do not have to be in writing or notarized, generally, to be valid. Without reviewing the terms of the actual contract, there is no reason that you have disclosed that this would not be a valid contract in all respects.

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1 Answer | Asked in Business Law for North Carolina on
Q: I'd like to ask the seller of the business I'm purchasing not to compete with me for a specified period of time

- is this legal?

Paige Kurtz
Paige Kurtz
answered on Jan 18, 2017

Yes. The non-competition clause must be contained in a written contract and there are other terms that must be included. You should discuss this with an attorney.

1 Answer | Asked in Contracts and Divorce for North Carolina on
Q: My wife wrote up an allimony contract on a notebook paper. Is that considered an actual contract?

I've been paying her for over a year by the way. We been separated since November 8 2015.

Paige Kurtz
Paige Kurtz
answered on Jan 18, 2017

Contracts do not have to be in writing or in any specific form (generally) to be enforceable. Without more information, simply the fact that it is a informal contract does not make it invalid.

1 Answer | Asked in Contracts for North Carolina on
Q: is this contract enforceable?

Two people have agreed that one person owes the other person money for personal reasons. The amount is in the thousands. If one person prints a sentence stating they will pay it and sign it (no notary) is it enforceable? The other person (person receiving money) refused to also sign. This is in... View More

Paige Kurtz
Paige Kurtz
answered on Jan 18, 2017

Generally contracts do not have to be notarized or in writing to be valid contracts. There are some exceptions, but this kind of contract can be oral. The statement by the person loaning the money is simply evidence of intent on the loaning parties' part, but not binding on the other party.... View More

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: Can I sue the company that has baught my apartment complex for breach of lease

I have a 5 year lease with 4 years left and also have a work contract that states certain amount of w

Hours are deducted from my weekly check to cover rent it also says if the property is forclosed or is sold my lease and contract still stand to end tenancy both parties must agree or... View More

Paige Kurtz
Paige Kurtz
answered on Jan 18, 2017

Whether or not you can sue will depend on the exact language of the lease. Leases almost always have a termination clause in them allowing the landlord to terminate the lease upon some or no reasons with proper notice. If the lease says that termination can only be had upon mutual agreement, then... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How long does a tenant have to claim a security deposit?

I rented out a room in my house. A few days before moving out I texted my tenant to leave me her forwarding address so I can mail her the deposit. When she moved out she didn't turn in her keys and never left me her forwarding address. It's been about 3 weeks. At what point does she... View More

Paige Kurtz
Paige Kurtz
answered on Dec 20, 2016

You must hold the deposit for collection by the tenant for at least six months. Have you tried mailing a letter to your rental as she may have placed a forward on mail to that address, as opposed to providing it to you. I would send this letter to document your efforts to return the deposit and... View More

1 Answer | Asked in Business Law for North Carolina on
Q: Who owns the inventory in a business...the person who bought the inventory or the person who owns the building?

My grandpa has been running a bargain shop for about 20 years. He has moved three times. The most recent move my aunt volunteered to help him by putting her name on the rent of the building and paying the taxes on the shop. My grandpa has purchased all of the inventory in the shop. Due to his... View More

Paige Kurtz
Paige Kurtz
answered on Nov 29, 2016

The lease speaks only to the interest in the real property, not to ownership of the business or the business assets. Without reviewing the actual documents, a full answer could not be provided. However, based on the information provided, the inventory belongs to the business, which in turn belongs... View More

1 Answer | Asked in Collections and Consumer Law for North Carolina on
Q: A civil action was filed against me for credit card debt (NC). I owe, but can't pay. What is my first step to take?

This is in Carteret County. I was making minimum payments for over 10 years, but then my fiancee was out of work for a year. I changed jobs resulting in a pay cut of half my yearly income. I have been trying my hardest to dig myself out of debt, to no success as my financee had not found steady... View More

Paige Kurtz
Paige Kurtz
answered on Nov 23, 2016

If the civil action was filed, you should have received a summons and complaint. You have 30 days to file an Answer with the court (a 30 day extension can be obtained). If you owe the debt, the creditor will likely obtain a judgment against you, its just a question of when. I would file an answer... View More

1 Answer | Asked in Contracts for North Carolina on
Q: Does a contract have to be noterized to become legally binding.

I'm in a band and each member signed a contract stating any music brought into the band is owned by the band. One member got fired and used our music in his own project.

Paige Kurtz
Paige Kurtz
answered on Nov 14, 2016

Generally, contracts do not have to be notarized to be valid. There are a few types that are, like a real estate contract, but not this type of business contract.

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