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North Carolina Landlord - Tenant Questions & Answers
0 Answers | 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

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

0 Answers | 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

0 Answers | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Probate for North Carolina on
Q: PLEASE HELP: i am being sued for "greater than $10k bc my husband & myself moved in a place, turns out it was a lie & we

have documents proving that his cousin Matt Adair told us about this place (said it was his property) we paid him rent in the amount of $250 a month. it is a !br mobile home....very small. it wasnt livable when we first looked at it in febuary 2023 , but with a lot of hard work & will to do it... View More

0 Answers | 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

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

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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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.

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