Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
For being charge court fees and the landlord never filed the paperwork.
answered on Jul 7, 2017
Yes. The landlord cannot charge fees that are (1) not allowed by the contract (2) not incurred by the landlord (3) not agreed to by the parties.
My landlord would threaten to file court papers for me being late but never filed them but charged me an additional 125.00
answered on Jul 7, 2017
If the landlord did not actually incur the costs, then no they cannot bill you for filing.
I painted three rooms. She is telling me I should of painted the entire house so all the walls are clean. I painted nothing, because I thought landlords are suppose to go in and paint the entire house. Before a new tentant
answered on Jul 7, 2017
Review the written lease for your obligations upon moving out of the rental property. General wear and tear is allowed, so unless the lease specifies that you must repaint the property or you have agreed to do so, the law does not require it.
They just happened to come by as she was. Putting the trash by the door and went to get out four month old in his car seat. Is this legal?
answered on Jun 23, 2017
The answer will depend almost entirely on your lease agreement.
They said they were moving and the power has been cut off for non payment. Located in North Carolina
answered on Jun 22, 2017
If your tenants are still timely paying their rent and have not otherwise breached the lease, the fact that they moved does not give you the right to remove their personal property.
Chapter 42 of the North Carolina General Statutes will be of some assistance to you.... View More 
kept some pets over the weekend for a friend and the landlord came in unannounced and saw them. She immediately demanded that she pay the $300 pet deposit, which I'm sure they will take out of her deposit. The landlord came in yesterday to show the apartment and is now saying the apartment... View More
answered on Jun 22, 2017
The answer is going to depend on what the lease says. I don't think an attorney will be able to assist you without reviewing the provisions of the lease.
Military active duty just rented a house
answered on Jun 19, 2017
Landlord must provide a tenant with "fit premises" as described in Section 42-42 of the North Carolina General Statutes. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf
Additionally if you're renting to an active member of the U.S.... View More
answered on Jun 12, 2017
Typically, it will just be the parties, their attorneys and the court reporter. The other party has a right to be there as does your attorney if you have one.
Our landlord is releasing us from our lease early, they have rented our apartment as of June 12th. The problem I have is that they require us to be out of the apartment by noon on May 31 but yet they say we must pay rent until june 12th and we must keep utilities in our name until then. Is this... View More
answered on May 30, 2017
If the landlord is requiring you to vacate the property by a certain date and you do not occupy the property beyond that date, then you are not responsible for rent or utilities beyond that date.
My landlord has withheld my deposit unlawfully and I now need to sue her but I live in NC and the Property is in NC but she lives in VA
answered on May 23, 2017
Because she owns property in North Carolina, she is subject to North Carolina's jurisdiction. I would file suit in North Carolina. However, if you are using small claims, suit can only be filed in the county where she resides. Thus, you would have to sue her in Virginia.
My mother passed away 5/12/17. I am living in her house and have been for 6 years taking care of her. Before she passed her now deceased husband had put in the will that the house would go to his children. My step brother has told me that I have less than two weeks to get out only 3 days after my... View More
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answered on May 18, 2017
The same as any tenant - you have to be evicted which takes much longer than 2 weeks. If your step brother tries to change locks or otherwise violate your rights, you should take appropriate legal action against him.
They say I will be charged a reconnection fee if I fail to leave utilities on.
answered on May 15, 2017
You are only responsible for utilities through the end of the term of your lease, unless there is a provision in your written lease that requires otherwise. When you terminate your utilities, confirm that no actions may be taken on your account by anyone except you.
We told the landlord (in a dated email) that the smoke detectors didn't work when we moved in (Nov 2015) and they didn't install working ones until a month later but the lease states that they must be replaced within 15 days. Now, we want to end our lease a month early, can we argue that... View More
answered on Mar 31, 2017
Did you provide written notice that smoke detectors weren't working? That's the 15 day period you're talking about in NC Gen. Stat. Section 42-42. 15 days after receipt of written notification.
Here is a list of resources which suggests you might be entitled to rent... View More
answered on Mar 30, 2017
The landlord can sue you for the rent due and any other amounts that would be due under the lease. If the landlord has a security deposit, the security deposit can be applied to nonpayment of rent and utilities, along with any damages or repair costs incurred by the landlord.
answered on Mar 24, 2017
The landlord tenant statutes in North Carolina are located at NCGS Chapter 42. You probably want to review 42-42. You can access the full text of all statutes on the North Carolina General Assembly website.
have for timetables of when we need to be out etc.
answered on Mar 17, 2017
You'll need to vacate the premises when given proper notice by either the current owner or the new owner. On a month to month basis, the notice period is seven days.If you haven't vacated by the end of that period, the owner, new or old, can file an action to evict you.
Is this legal, to come up with a new lease because he says the dog can't be here anymore? The dog got out of the yard and barked at the neighbor.
answered on Mar 8, 2017
The written lease should say under exactly what circumstances the lease can be altered. Generally, the answer would be no, unless the lease allows for a change to be made under certain conditions. If the landlord believes you are in breach of the lease because of an issue with your dog, they need... View More
answered on Mar 7, 2017
Generally yes, this is legal. If your one year lease period has terminated and is now month to month, only 7 days notice is required. See if your lease agreement says something to the contrary.
North Carolina General Statute § 42-14. Notice to quit in certain tenancies.
A... View More
My yearly lease ended 3/16 and i have been living with my family there still month to month. Landlord was paid this months rent on 1st and sent my husband a text on Sunday 3/5 and said we need to move out by the end of March. Is this legal as we have 5 children in the house?
answered on Mar 7, 2017
Generally yes, this is legal. If your one year lease period has terminated and is now month to month, only 7 days notice is required. See if your lease agreement says something to the contrary.
North Carolina General Statute § 42-14. Notice to quit in certain tenancies.
A... View More
These people moved in with a leased tenant and the leased tenant left. They refuse to leave and claim to have paid bills but can provide no proof. I am a brand new "mobile home park manager," and I don't know how to handle the situation. Rumors are flying that they've been... View More
answered on Mar 5, 2017
You need to get a court order. Your first step is contacting a lawyer, I think.
www.lehmanlawgroup.com
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