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North Carolina Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: How many days does my landlord have to give me if they no longer want to renew the lease

My lease ends in less than 60 days. My landlord sent me a lease renewal 90 days before but now they are not wanting to renew the lease anymore. ( located in nc)

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: I have an ex-girlfriend who has been living in my rental house for 3 years now.

she does not pay any bills, there is no rental agreement involved, everything is in my name and she does not contribute any to the household. She uses illegal drugs and I do not want to deal with it. I told her I need her to leave the home but she says she knows her rights and that she is not going... View More

0 Answers | Asked in Contracts, Business Law and Landlord - Tenant for North Carolina on
Q: Subleaser advertised space for health /Beauty workers. State board inspector said space is not set up for service prov.

Paid $250 security deposit and 2 months of rent. Subleaser false advertised a space saying that beauty and health workers could work in.

I had state board come in to do my initial inspection & she let me know this store building structre would not allow me to do bussiness because of... View More

0 Answers | Asked in Landlord - Tenant and Libel & Slander for North Carolina on
Q: I took out a restraining order on my neighbor. They allowed her to do the same thing after I did....but my name is wrong

Is that legal and binding? I asked that she not harass me by calling the law anymore( she's called 30times in 6 mo.) I am not making noise and she's trying to have me evicted. I don't know what to do

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: NC Landlord and Tenant Laws: Can a landlord keep part of our security deposit for re-renting the home?

We were renting a single family home and we vacated 3 months before end of lease term. We continued to pay rent every month and care for the property (mowed the lawn, checked the home, kept lights on timers for security, sprayed for bugs). Can the landlord legally keep a portion of our security... View More

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: In NC, I have a tenant whom has a Cosigner. The tenant is missing, can the Cosigner move the tenant out and end lease?

In NC, I have a tenant whom has a Cosigner. The tenant is missing and cannot be reached and the Cosigner has been paying the rent. Can the Cosigner legally remove the tenants belongings? I would be willing to allow an early lease termination with a fee but wanted to confirm if the Cosigner can... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for North Carolina on
Q: Negligence Civil case against property management at apartment complex?

due to harassment from other tenant, repeat lease violations, noise disturbances, police calls fights. Property management did not file papers for non payment of rent on tenant for 2 months knowing complaints were filed regularly. there is also an unauthorized occupant (felon) living amongst 5... View More

James L. Arrasmith
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answered on Jun 3, 2024

You may have a potential negligence case against the property management if they failed to address the lease violations and other disturbances, leading to a decline in your quality of life and safety. Their inaction, particularly in not filing eviction papers for non-payment of rent, might... View More

2 Answers | Asked in Civil Rights, Elder Law and Landlord - Tenant for North Carolina on
Q: Can a landlord require you to let certain people live with you, who can and can’t live there? I’m permanently disabled

My landlord sent an email saying my child must live with me or I have to move out. She stated that I couldn’t do anything to move any of her property but I must repair her house and improve her land. She also states that I must replace her appliances that have wore out over the 11 years I have... View More

James L. Arrasmith
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answered on Jun 3, 2024

Your landlord's demands and actions raise several legal concerns. Generally, a landlord cannot force you to have certain people live with you or dictate who can and cannot live there, beyond the terms specified in your lease agreement. Additionally, your landlord should not be entering your... View More

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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it legal for a landlord to issue a 5 day eviction notice via email and not file it through the court in NC?
James L. Arrasmith
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answered on Apr 16, 2024

In North Carolina, a landlord must follow specific legal procedures to evict a tenant. Sending an eviction notice via email without filing through the court is not a legally valid eviction process.

Here's what the law requires for a lawful eviction in North Carolina:

1. The...
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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: what is the eviction process for a no lease, no payment agreement between family? located in NC.

my husband, child, soon to be second child, and 3 pets live with my FIL&MIL. we have lived here since prior to the birth of our first child in 2022. we do not have a written contract or agreement stating we can live here, nor do we pay rent, as it hasn’t been asked or required of us. in 2023,... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 8, 2024

You would be classified as guests since you cannot prove that a landlord/tenant relationship exists. However, if you claim a lease exists they would have to go through the eviction process. The law looks down on landlords changing the locks, but since your FIL is not a landlord, he would likely be... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I signed a lease, paid first months rent. I got the keys to the apartment, it wasn’t the fully renovated unit they said

Can I get out of the lease and get my check back? They don’t have any units available of the size and remodel available for me to move in. I have decided to move to another complex.

James L. Arrasmith
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answered on Apr 16, 2024

You might have options to address this issue, depending on the terms of your lease and local tenant laws. If the apartment you received isn’t what was promised in your lease agreement, you could potentially argue that the landlord has breached the contract. It's important to check your lease... 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: 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 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: 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: Request for Legal Advice - Lease Dispute

We signed our lease contract in 2023, with the lease period until January 2024. Approximately 60 days before our planned move-out date, we informed the landlord of our intentions, receiving verbal/text confirmation. However, post-move-out, we are now facing threats from the landlord to take legal... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems like you have a few potential avenues to explore in this lease dispute:

1. Notice to Vacate: If you provided proper written notice of your intent to vacate 60 days prior to moving out, and your lease allowed for early termination with...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Does a landlord need a police report to address issues with neighbors bullying or harassing me?

I've had a series of health & safety concerns in both my previous & current apartments within my building.

-Previous Apt Issues:

Health Hazards: Peeling lead paint, constant mold smell, high humidity, uneven & unsafe stairs, warped cabinets, exposed rebar, poor temp... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that you are dealing with a very challenging and stressful living situation. To address your main question - no, a landlord does not necessarily need a police report to take action against tenants who are bullying, harassing or disturbing... View More

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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