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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Real Estate Law for North Carolina on
Q: Can a landlord take my dog in Harnett County, NC, if tethered?

Can a landlord legally take my dog without notice in Harnett County, North Carolina, if my dog was tethered to a tree for a day? I am unsure about specific rules in my lease or local ordinances, and the landlord has refused to return my dog. Is there any legal recourse I can pursue?

James L. Arrasmith
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answered on Apr 12, 2025

I'm sorry to hear about the distressing situation you're facing with your landlord in Harnett County, North Carolina. It's important to address this promptly and understand your rights.

In North Carolina, landlords cannot legally remove a tenant's pet without due...
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1 Answer | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for North Carolina on
Q: Renting a home in NC with flood damage, not repaired by landlord; am I entitled to legal recourse?

I am renting a home in Buncombe County, North Carolina, that was affected by a natural disaster over six months ago. The downstairs was completely flooded, and the home sustained significant damage, which hasn't been repaired. Prior to the hurricane, there were needed repairs like the leaking... View More

James L. Arrasmith
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answered on Apr 7, 2025

In North Carolina, landlords are required to maintain rental properties in habitable condition. This includes addressing issues like mold, water damage, and other health or safety concerns. If your landlord has failed to make necessary repairs, including those from flood damage or pre-existing... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for North Carolina on
Q: Can landlord enforce lease for full term if we buy a home?

I recently found a home to purchase and informed my landlord on March 25, 2025, through text and verbal conversations, followed by an official notice on March 30, 2025, about my intent to terminate my lease early. The lease, which ends on December 31, 2025, lacks an early termination clause but... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a stressful situation, especially when you're trying to move forward with something as significant as buying a home. In North Carolina, unless your lease includes a specific early termination clause or a buyout option, your landlord does have the right to enforce the lease through its... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for North Carolina on
Q: Blank notice period on lease's early termination clause—can landlord enforce 60-day notice?

I have a lease agreement with a separate clause for early termination, but the section for the notice period is left blank. My landlord insists that I must provide 60 days notice to terminate the lease early, referencing a different clause requiring 60 days for renewal. However, I believe the blank... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a fair concern, especially when the lease language seems incomplete and unclear. In North Carolina, lease agreements are generally interpreted according to their plain language. If the early termination clause specifically requires notice but leaves the number of days blank, it may be... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How can I legally evict family from property transferred to me in NC?

My parents are signing over the deed to one of their homes to me. Currently, my niece, her boyfriend, and their children live there without a rental agreement and have not been paying rent or utility bills, despite my parents' requests. My parents have notified them via text that they must... View More

James L. Arrasmith
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answered on Apr 13, 2025

In North Carolina, since your niece and her family do not have a rental agreement or pay rent, they are considered tenants at will, meaning they have no formal lease but still have some rights as occupants. To ensure they vacate the property by June 20, 2025, you will need to serve them with a... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for North Carolina on
Q: Help needed with landlord taking me back to court after security deposit returned.

I moved out of a rental property after the city condemned it due to it being a hazardous structure. I was initially awarded my security deposit back, but the landlord hired a judge/lawyer and took me back to court. They claimed the eviction was because the landlord didn't receive proper notice... View More

James L. Arrasmith
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answered on Apr 12, 2025

It seems like the landlord is attempting to challenge the original court decision after you moved out. Since the city condemned the property, you may have legal protections, especially if the court previously ruled in your favor. The landlord's claim that they didn't receive proper notice... View More

1 Answer | Asked in Landlord - Tenant and Consumer Law for North Carolina on
Q: Tenant exceeded pet limit and claims emotional support animal. What are my rights?

I am a landlord and my tenant has exceeded the allowed number of pets specified in our lease agreement, which permits only two cats and one dog. After discovering multiple dogs barking near my property, the tenant has now sent a letter claiming one of the extra dogs is an emotional support animal,... View More

James L. Arrasmith
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answered on Apr 12, 2025

As a landlord, you have rights and responsibilities when it comes to managing your property and enforcing lease agreements. Since the tenant has exceeded the pet limit, it's important to first check your lease to see if there is any language regarding emotional support animals (ESA). While... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can my landlord use my utilities and access the apartment before lease ends without prorating rent in NC?

My lease ends in May, and my landlord plans to enter the property during the last few days of the month to clean carpets and paint for new tenants moving in June. He intends to use my utilities during this period without compensating me, although my lease states access is allowed for repairs and... View More

James L. Arrasmith
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answered on Apr 13, 2025

In North Carolina, a landlord can enter the property for repairs and maintenance, but the situation you're describing seems to go beyond typical maintenance. The lease typically outlines what is considered acceptable access for repairs, and cleaning carpets or painting might not necessarily... View More

1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: How can I legally re-enter my co-owned home in NC after being told not to by spouse's attorney?

I am currently in Vietnam and plan to return to the United States on March 26, 2025. Recently, I received an email from my spouse’s attorney stating I am not allowed to return to my home, which I co-own and have not signed any document relinquishing my rights. I am unemployed, facing financial... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your name is on the deed and you haven’t given up your ownership rights, you still have a legal right to enter your home in North Carolina. An email from your spouse’s attorney is not a court order, and it does not have the legal power to prevent you from returning. Unless there is a... View More

1 Answer | Asked in Landlord - Tenant and Domestic Violence for North Carolina on
Q: How to evict an unwanted guest turned tenant in NC?

I want to get rid of an unwanted guest who has turned into a tenant on my property in North Carolina. He has been staying here for about four years to take care of his sick father, but his name isn't on the deed, and he isn't paying rent or bills. I've asked him to leave verbally and... View More

James L. Arrasmith
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answered on Apr 13, 2025

To remove an unwanted guest in North Carolina, the first step is understanding the legal status of the person in your home. Since they have been living there for a long period without paying rent, they may be considered a tenant under the law, even if their name is not on the lease or deed. This... View More

1 Answer | Asked in Civil Litigation, Contracts, Constitutional Law and Landlord - Tenant for North Carolina on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Pitt County, NC.

If I'm in the midst of being robbed (not knowing whether they are armed or not) and I warn them multiple times that I have a firearm, but they do not listen to the warning and continue, posing as an imminent threat to me and my significant other. In such scenario, if I... View More

James L. Arrasmith
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answered on Jan 28, 2025

Your lease agreement prohibits discharging a firearm within the apartment community, but self-defense is a different matter. North Carolina law recognizes the right to defend yourself if you are facing an imminent threat of serious injury or death. If someone is breaking in and you reasonably fear... View More

2 Answers | Asked in Civil Rights and Landlord - Tenant for North Carolina on
Q: How to evict someone w no written lease/payment agreement but they've stayed 5 months longer than we agreed they could?

My husband and I (and our 1 year old son) allowed a mom and her 2 year old son to stay with us, 1 month max as per verbal agreement. They have been here for 6 months and won't leave. We asked them to be out by Nov. 1st 2024 and they've ignored us. It's now Jan. 9th and they still... View More

Anthony M. Avery
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answered on Jan 10, 2025

Hire a NC attorney to sue the occupants for possession only now.

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Q: Is it legal for hotel housekeeping to enter my room, after me clearly stating to them I didn’t need housekeeping?
James L. Arrasmith
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answered on Dec 23, 2024

In most jurisdictions, hotel staff have the legal right to enter your room even if you decline housekeeping, primarily for security and safety reasons. This right is typically outlined in the hotel's terms of service that you agree to when booking.

However, hotels should follow proper...
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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

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
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
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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

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