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North Carolina Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: I have very troublesome neighbors. And want to know what I can do and what their landlord should be doing about it?

I live in a typically quiet neighborhood (houses NOT APTS). But ever since my neighbors moved in it has been a nightmare. They host loud parties in the middle of the night from 10pm to 5am atleast once or twice a week. Their guests are always fighting, making threats, yelling, waving guns around.... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Evict tenant for not paying late fees on time?

Commercial lease has late fees mentioned and 10 day pay or quit notice sent to tenant but tenant did not pay the late fees until 25 days later. Does this constitute a breach of contract and allow landlord to evict tenant ? (Note rent was paid but checks were left uncashed as they but a partial... Read more »

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Friend is getting kicked out of her apartment because I went to go visit her.

I went to my friend's apartment to hang out, and I brought my dogs. Unfortunately, that day, the housing people were going around checking everyone's air filters. Anyway, they are kicking my friend and her infants out of the house because I was there, and the dogs were there. But we just... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation and Landlord - Tenant for North Carolina on
Q: Renter and him filing bankruptcy

I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 15, 2023

When a bankruptcy case is filed, it triggers an "automatic stay" against any action to collect a debt against the debtor or his property.

For those who know, or should know, or constructively know, of the bankruptcy filing, and persist with collection efforts, even for possession...
Read more »

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1 Answer | Asked in Landlord - Tenant and Municipal Law for North Carolina on
Q: I am a disabled veteran who currently lives with a friend/homeowner who does not want to fix ac and other problems.

Instead of having a new ac unit installed she is relying on the old unit being refurbished. Yet I pay for utilities and other miscellaneous bills including a bathroom remodel. It's not safe for my condition to continue to stay here if these problems persist. As a disabled veteran what are my... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 7, 2023

In general, if there is a condition that makes things unsafe and a health hazard - lack of running water, lack of useable toilet bathtub or shower, leaky sewage, standing water or leaks causing mold,unsafe electrical system, rotten stairs or floorboards, lack of operable locks, for example - the... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: I had eviction court on 1-9-23. How long do I have to willingly move out? I don’t wanna get blindsided. Greenville NC.

I haven’t received any notice in the mail stating a certain date to move, but I’ve researched and it’s said something about 5 days from writ of possession and 10 days additional. But I’m still confused on the exact deadline to move out!

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jan 17, 2023

You have ten days from the date of the entry of the Order to appeal the magistrate's ruling. You file the appeal in the clerk of court's office. That appeal will be heard in District Court. If you do not file the appeal as an indigent, you will need to post a bond. If the ten days pass,... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord in Salisbury, NC. Tenant 5 months behind on rent in Supply, NC

This involves a verbal rent agreement with Landlords wife, who died in January 2020. Need advice on eviction.

Ben Corcoran
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Ben Corcoran
answered on Aug 19, 2022

Go to the magistrate/clerk's office and file for summary ejectment. This is a very common fact pattern.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My sister entered into a contract to sell my land without my signature or knowledge. Is that contract legal?

The land is in my name, taxes are paid.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 16, 2022

Unless she has your Power of Attorney, she cannot sell your property. But are you sure you are the owner? A title search by a NC attorney might be needed, along with letters to interested parties. A complaint against the real estate agent might be in order.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: In 2021 I filed a writ of possession with the Lincolnton County NC courts. Having my tenant evicted in 11/2021. Due to

non payment of rent totaling $4650. What legal steps do I have to take in NC in order to collect the past due rent, $4650, they owe me ? Am I correct in saying that I need to know their current home address in order to pursue these legal steps ? I have thier phone numbers, email addresses, and... Read more »

Ben Corcoran
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Ben Corcoran
answered on Aug 8, 2022

When you get a final court order, it will likely contain a judgment against your tenant for the amount owed. If they are living in a different county, you will need to transfer that judgment to the new county.

With that being said, the overwhelming majority of tenant judgments never get...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord sold the house I was rentingI was given until July 29th before we new owner take over.

I was given 4 weeks to move after the sale. I asked if I can have one day since July 29th is on a Friday . Can the new owner file eviction charges.

Ben Corcoran
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Ben Corcoran
answered on Jul 26, 2022

Without seeing you lease agreement, I cannot give you specific advice. You need to reach out to the new owner(s) and see what they are willing to allow.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I have 6 months left on my lease. The landlord is selling the house.

There is multiple people walking around the property taking pictures of the house knocking on the door consistently parking in the driveway. They are also wanting to do viewings starting Monday and throughout the work week is there anything that we can do about this

Ben Corcoran
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Ben Corcoran
answered on Jul 26, 2022

A lawyer would need to review your lease before they can give you advice on this issue.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: I need to break my commercial business lease agreement for a building, how do I do this I’m in Nc

Landlord is in Texas

Ben Corcoran
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Ben Corcoran
answered on Jul 20, 2022

The simplest method is contacting your landlord and asking them to release you.

If that doesn't work, contact a lawyer and have them review your lease and situation and see what options are available.

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
PREMIUM
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.

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...
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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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