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North Carolina Landlord - Tenant Questions & Answers
0 Answers | Asked in Animal / Dog Law and Landlord - Tenant for North Carolina on
Q: What am I legally allowed to do when it comes to emotional support animals when renting a single family residence?

I am a real estate investor in Charlotte, NC. I have a single family residence that I am managing and marketing myself, and it is my only property. I have pet policy that requires add'l deposit and rent for each pet. I am getting prospective tenants with emotional support animals (ESA). What... View More

2 Answers | Asked in Bankruptcy and Landlord - Tenant for North Carolina on
Q: Can I submit and file chapter 7 online in north carolina

I want to file chapter 7 and also use the stay to keep from being evicted so I have time to find a place and move and get credit straight

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you can file for Chapter 7 bankruptcy online in North Carolina, and the automatic stay that goes into effect once your case is filed should temporarily halt any eviction proceedings.

Here are some key steps to file online and use the stay to prevent eviction:

- North Carolina...
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2 Answers | Asked in Small Claims, Contracts and Landlord - Tenant for North Carolina on
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.

T. Augustus Claus
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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

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0 Answers | Asked in Animal / Dog Law, Civil Litigation and Landlord - Tenant for North Carolina on
Q: Hey if I am not on the lease and have an ESA animal does the landlord have to accept it in North Carolina?

I help pay bills on the property but the lease says they would have to call and tell the rent man I came but they didn't, but the rent man knows I'm here and gave the okay for me to stay

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: 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

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?

T. Augustus Claus
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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

1 Answer | Asked in Native American Law and Landlord - Tenant for North Carolina on
Q: If I miss my rent bond what is the deadline for my landlord to file for writ of possession

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

James L. Arrasmith
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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

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Municipal Law for North Carolina on
Q: If I buy a house on 6 acres can I add other properties on the land and rent them out?

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?

T. Augustus Claus
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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

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: can i with-hold rent in nc till my floor is replaced?

i have given my landlord verbal and written notice about my bathroom floor needing to be replace due to an unknown leak however its going on a year that nothing has been done about it, would i be in the right to with hold rent till its fixed?

T. Augustus Claus
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answered on Jan 2, 2024

In North Carolina, tenants generally do not have the right to unilaterally withhold rent for repairs without risking legal consequences. However, the law does provide tenants with certain rights when it comes to repairs. If a landlord fails to make necessary repairs affecting the tenant's... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for North Carolina on
Q: can the apartment management force me to use their internet/ISP instead of the one i've been using for the past 2 years?

i live in an apartment community in Greensboro, NC. Recently, i was asked to vacate my current unit, and was given the option to transfer to another unit, which i accepted.

The 'welcome letter' for the new unit stated that i will be charged $65/month for cable, (i assume)... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 31, 2023

You mentioned that you had spectrum cable in the other unit and I presume you paid for it in the other unit. If that lease required all residents to pay for internet and they offered a transfer on the same terms then yes they can make you continue to "pay double". It is not illegal for an... View More

2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Can I sue my former apartment management company if they have headquarters in other states, and not mine? I live in NC.

There is black mold in my apartment that has not been remediated. The management company has been fired. Can I sue them in small claims court in the county where my apartment is located? They were the management company at the time. They have headquarters in other states, not NC.

James L. Arrasmith
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answered on Oct 23, 2023

If the management company conducted business in North Carolina and managed your apartment there, it is likely that the North Carolina courts would have jurisdiction over them, even if their headquarters are located elsewhere. You can typically sue a party where the alleged harm occurred, which in... View More

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2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Is a landlord responsible to pay for relocation fees (such as a hotel) unexpectedly?

Our microwave, air fryer, stove, and oven doesn’t get hot, the fridge isn’t working, oven beeps and says bad power line when we turn a singular light on. The lights flicker bad, or don’t come on etc. This is because of unkept maintenance, it’s an old apartment complex… and I’m assuming... View More

N'kia (NLN)
N'kia (NLN)
answered on Oct 19, 2023

In North Carolina, a residential landlord must keep the premises in a fit and habitable condition. A landlord who fails to do so could be liable to its tenant for "rent abatement" and/or expenses (such as costs of alternative living arrangements). A landlord who charges rent for property... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: What laws cover a Landlord signing a lease in bad faith knowing there are hidden problems with the property?

I have signed a one year lease (now about 8 months in ) and there is a documented reoccurring leak from my upstairs neighbor's bath tub waste water line into my kitchen. There is record of this same leak from last 2 tenants. They keep putting fresh drywall over without fixing the leak.

N'kia (NLN)
N'kia (NLN)
answered on Oct 9, 2023

North Carolina law requires that residential rental property be safe and "habitable." There is no law requiring that property be perfect. Also, a landlord's failure to disclose past repairs doesn't automatically equate to "bad faith." But if you believe your landlord... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My lease expired 4 years ago. I gave 7 days notice I am moving. Do I owe 30 days notice.In North carolina
Ben Corcoran
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Ben Corcoran
answered on Sep 25, 2023

Depends on several factors if your prior lease was written then it was renewed on a month-to-month basis using the same terms as your prior lease and if it required 30 days then you would likely be bound by it. If it was oral then your 7-day notice was fine.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I gave the appropriate notice for vacating my apartment, can I be charged a reletting fee?

I was living in an apartment in Raleigh, month to month, and the apartment required 60 day notice for vacating the apartment. I gave them this notice, but after I left, I was charged $1000 for a reletting fee. Can they do that even though I gave then the appropriate notice?

N'kia (NLN)
N'kia (NLN)
answered on Aug 31, 2023

Generally, a month-to-month tenant isn't responsible for paying a "reletting" fee if they give proper notice of termination. The purpose of giving advance notice, literally, is to give the landlord time to find a new tenant.

However, "60 days" can be interpreted...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do you sue a landlord for wrongful eviction in Mecklenburg County?

About $20,000 of business property has been removed from my rental space. I’m late on my July rent and only received a notice from the landlord’s attorney about paying the past due amount. A formal criminal police report was filed on 8/20/2023.

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Hire an attorney; this amount is too large for small claims court, and I would not recommend representing yourself in district court.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: The check they sent for my rental deposit bounced and I accrued a bank fee. When should a lawyer get involved?

It took three months after I moved out to get the original check (supposedly due to change of management). After that check bounced, they claimed they were sending a replacement. It has now been another two months without my deposit.

Ben Corcoran
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Ben Corcoran
answered on Aug 11, 2023

Your lease agreement should anticipate bounced checks and specify how it is cured. If it doesn't, you should probably have a lawyer look over your lease and explore drafting a new one.

For the present situation, I would send the tenants a bill for the deposit plus the amount of bank...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a NC landlord gie me a 30 day notice to move due to renovations?

Hi, my landlord gave me and another tenant a 30 day notice to move. We were not behind on rent or did anything to have any problems. He has not asked anyone else in the building to move but us. I am currently invading on my daughters space, because I was not able to find a place. I don't... View More

N'kia (NLN)
N'kia (NLN)
answered on Aug 9, 2023

In North Carolina, a residential rental relationship may be "month-to-month." Generally, that means that either party can terminate the tenancy with at least 30 days' notice. Although a landlord must have a reason for an eviction, this wouldn't be considered an eviction. It... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I have moved out and my landlord is asking me to pay for re-painting the walls for the stains, and is not mentioned in l

Its not mentioned in the lease to pay for repainting. The stains on the walls are caused by dirt over time and has not caused any damage to the walls.

T. Augustus Claus
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answered on Jul 21, 2023

In North Carolina, the landlord is typically responsible for normal wear and tear maintenance, including repainting the walls due to normal use and aging. If the stains on the walls are a result of ordinary use and have not caused any damage beyond what would be considered normal wear and tear, you... View More

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