Charlotte, NC asked in Small Claims, Contracts and Landlord - Tenant for North Carolina

Q: Is it illegal for a property management company to send a repair technician out to the property without prior notice?

Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.

2 Lawyer Answers
T. Augustus Claus
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Answered

A: In North Carolina, a property management company is generally required to provide tenants with notice before sending a repair technician to the property, especially when it involves entering the living spaces and taking photos or videos of personal belongings. This requirement is meant to respect the tenant's right to privacy. The specific amount of notice required can vary, but typically 24 hours is considered reasonable. Furthermore, the process for eviction must follow legal procedures, including providing the tenant with a written notice and the opportunity to remedy any lease violations before moving forward with eviction proceedings. If a tenant is being evicted without written notice or without being given a chance to address the cited issues, this may constitute a violation of the tenant's rights under North Carolina landlord-tenant law.

Ben Corcoran
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Ben Corcoran
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: It depends on the circumstances of the needed repairs and your specific lease agreement, but most lease agreements do have provisions detailing inspections/repairs.

NC does not require notice by statute, and in emergency situations, the landlord is all but certainly allowed entry without notice. The recording may be company policy to protect them and you, but much of what you are asking is highly situational and would need an actual review of your lease.

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