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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do I find out the P.oA of an inmate? The inmate is detained in Anson Correctional
Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2022

The inmate may have their PoA on file at the local register of deeds, however, most PoAs are not recorded unless necessary. Additionally, it is very likely that no PoA exists for the inmate. The only way to know for sure is to ask the inmate themselves.

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: I am a renter in Charlotte NC. My paint is pealing I did a swab test and it revealed lead paint udnerneath. what do i do

Paint underneath top coat has been revealed and is lead based. What are my options. Does complex have to fix?

1 Answer | Asked in Collections and Landlord - Tenant for North Carolina on
Q: Can I remove a debt collection charge if I can provide proof that I am not responsible for the debt?

I found about $35 non-compliance fee per month charge for not providing a current renters insurance policy to my landlord. They charged me $70 for 2 months despite me having insurance. I discovered that they have a copy of my current policy and so far I only received $35, but will potentially... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 15, 2022

You are asking a hypothetical question. Typically a property management company would not submit this kind of thing to a credit bureau until after you move out because they would simply take the fee out of your security deposit.

Assuming that the landlord reports a debt of $35 plus late fee...
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0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Can I withhold rent because my air has not worked in almost a month & maintenance has been unable to fix the air?

My air broke a month ago. Maintenance has been by four times and the air is still broken. They put a window unit in the living room which doesn't help for a 3 bedroom apartment. I am paying $2,048/month for rent. And I refuse to continue to pay to live in this hotbox. I am unable to drop the... Read more »

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Do I need to vacate home if I have not received write of possession from sheriff?

Hi I was evicted (never showed to court ) may 22.i didn't show to court.

Not sure if my landlord did either to be honest. But I was reading and saw I should receive something called writ of possession from sheriff with a date and time I'm supposed to be out of home by. As of this... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: In NC My landlord is requesting I not be home while he walks through and inspects. Do I not have a right to be present?
Ben Corcoran
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Ben Corcoran
answered on May 11, 2022

You have possession of the home, without reading your lease I strongly suspect that you have the right to be there whenever you want.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord start preparing a house to sell while lease is still valid and active?

Landlord told us May 1st they’re not renewing our lease and we have 30 days to vacate the property so they can put it on the market. They want the house cleaned and ready to list June 1st. Can they start the listing process while we’re still in the home with a valid lease? What rights do we... Read more »

Ben Corcoran
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Ben Corcoran
answered on May 11, 2022

They can start the process whenever they want, but you likely have possession through May 31st at 11:59. They could have sold the house with you still having a valid lease, and all that would have happened was that you changed landlords.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I'm unable to send a $10,000 tenant debt for collections b/c property manager refuses to disclose tenant information

I have a property in NC that was managed by a property manager. The previous tenant had to be evicted, and has a debt of $10,000. I'm no longer working with that property manager, and would like to send the debt for collections. The property manager refuses to disclose with me any personal... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jan 21, 2022

Generally speaking, most of your tenant's information should have been in the eviction file at the courthouse, which is public record. If your tenant was a business then their information should be on the NC secretary of states webpage. I would advise hiring an attorney in the county where the... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can LL still get 2 months rent when I break the lease if he is going to do a total remodel instead of re-renting?

The new apartment complex owners are not re-renting vacated units, they are totally remodeling them instead in order to get higher rent. Do I still need to pay 2 months rent to break my lease?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2022

If the penalty for breaking a lease is 2 months then you are responsible for two months unless you reach some alternate agreement with your landlord.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a Landlord evict you in the same month that you have paid your rent? Or do they have to give you 30 days to move out
Ben Corcoran
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Ben Corcoran
answered on Jan 18, 2022

It depends on what breach of the lease they are using as a basis for the eviction. If you paid fully and timely, then your landlord likely cannot evict you for failing to pay rent. However, they can still evict you for other breaches of the lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can my landlord cut my power off when he gets mad at me even though I pay the electricity bill in his name
Paige Kurtz
Paige Kurtz
answered on Nov 10, 2021

It is illegal for your landlord to cut off your power for nonpayment of rent or any other reason. You should seek assistance from an attorney regarding your lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My last landlord said they were selling the property as the reason they were not renewing with us. He didn't sell.

He raised the rent and rented to someone else. Is this legal?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 5, 2021

On 1 hand, at this point in time, why does it matter? Anyway, I assume you have a written lease and if the lease has provisions which allow the landlord to not renew the lease, then as long as he followed those provisions for non-renewal, then he's compliant.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do we get my brother in law to move out of our house? He never signed a lease. He's been with us 5 years.

He has paid rent the last two years. We told him last November that his deadline was August 2021. He hasn't left yet. We live in Florida.

Ben Corcoran
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Ben Corcoran
answered on Oct 18, 2021

You are going to have to file a motion for summary ejectment, and one of you is going to have to come up to NC for the court date.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Eviction was executed today, only my husbands name is listed does the landlord need a separate eviction for me?
Ben Corcoran
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Ben Corcoran
answered on Sep 1, 2021

If both of you are on the lease then the likely answer is yes the landlord would have to evict you as well. As always you should take your documents to a local lawyer and have them review the documents to get a more complete answer.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord..If the rental lease expire aug 31 and no rent has been paid in 3 mos can I make the tenant leave

Even doing pandemic….there’s no contract/lease for September

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 25, 2021

You need to give them 7 days' notice that you will not be renewing their lease and they need to vacate as of August 31. If they are not out as of August 1, you can try pursuing summary ejectment, but check the second box on form AOC-CVM-201 which says "The lease period ended on the above... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for North Carolina on
Q: What are reasonable deductions to hold from a security deposit?

I have a tenant that is wanting security deposit back, we have itemized damages done to home by an animal and are not charging tenant for normal wear and tear. The tenant is being charged a move out clean because home was not cleaned. Animal ripped siding off of back of home tenant never replaced... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 4, 2021

NCGS 42-50 is the statute that requires the trust account for a deposit. There is no case law interpreting penalties for failure to comply. NCGS 42-51 outlines permitted uses of the security deposit and NCGS 42-52 outline your obligations. So long as you are passing along actual cost and not... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If a landlord sells a property, and the tenant is allowed to stay, can they collect their original security deposit?

I purchased a home in NC from a property management company. The house is rented and I’m allowing the tenant to stay. She informed me that the previous landlord will not return her security deposit. She is elderly and doesn’t seem able to navigate this issue herself. I’d like to know what... Read more »

Ben Corcoran
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Ben Corcoran
answered on Aug 2, 2021

The security deposit should have followed the lease, and since you purchased it subject to the lease then they should have transferred it to you. I would pursue it with the management company and demand that they turn over the deposit to you.

Even if that is not the case they have 30 days...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: landlord just put a for sale sign in yard with no reason never late

dont have anything never late in 5 yrs and she was helping find a home cause has restate company and we were just looking noe she putting house up for sale

Ben Corcoran
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Ben Corcoran
answered on Jul 7, 2021

The landlord can sell the home at any time during the lease, however, the new owners would be buying the home subject to the lease. I advise talking to your landlord about what is happening and seeing what sort of protections they are willing to offer you.

1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: What can I legally do with my ex boyfriend's belongings since he won't come get them?

I kicked my ex boyfriend out of my house 2 weeks ago. He left the majority of his belongings and no matter how many times I ask, he won't come get them. He also left a dog and a car. Obviously I will just have the car towed, but what can I do about the dog? Can I sell her? It was a free... Read more »

Kate Bowles Miller
Kate Bowles Miller
answered on Aug 2, 2021

If a guest in your home left his belongings, he has no legal right to reclaim them.

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