Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
Background
I live in Canterfield Estates, Harrisburg, NC (Cabarrus County) and recently sought approval from the HOA to operate a licensed in-home daycare for a small group of children. We provided the HOA with a zoning permit from the Town of Harrisburg, which allows this use for... View More
Which I been in a car accident which cause me to be out of work for 4 months I have hospital and work note if I’m not working my rent is $0.00 based so I need help .
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
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
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... View More
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
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
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.
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)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
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
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?
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
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
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.
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
Should I go after the property for the funds? Doubt they’ll pay I’m still seeking an attorney for the mold here.
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
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
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... View More
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
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
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
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... View More
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.
answered on Feb 7, 2024
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... View More
If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house so the other cant access that part of the house?
answered on Feb 1, 2024
In North Carolina, if two individuals co-own a house as equal owners, typically neither party has the unilateral right to restrict access to specific sections of the property without the consent of the other owner. Co-ownership typically entails both parties sharing equal rights to access and use... View More
I just want to know how many does after I miss rent bond do the landlord have to file writ of possession I was told if they don’t file the next day after I missed it then they have to wait till the whole case is over
answered on Feb 4, 2024
In North Carolina, after a tenant misses a rent payment, the landlord must first serve a demand for rent (if required by the lease) and then can file for eviction if the rent remains unpaid. The specific timeline for when a landlord can file for a writ of possession, which is the court order... View More
I'm selling my house in AZ and plan on moving to North Carolina, within an hour drive of Charlotte. If I buy a house on 6 acres can I build other houses on the land and rent them out?
answered on Jan 12, 2024
The ability to add additional properties on a 6-acre parcel and rent them out depends on the specific zoning regulations and land use restrictions imposed by the local jurisdiction in North Carolina. Zoning laws vary between municipalities, and they dictate how land can be used, including whether... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.