Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
In February 2017 I had a family emergency that I had to leave for,when I got back we asked our landlord if we could pay February rent on the 28th along with the next months rent.She said she would ask the owner,a day or 2 later she replied to us and said yes the owner was okay with that.This was... View More
answered on Mar 3, 2017
If your rent is paid in full and your are otherwise in compliance with the lease, then there is no basis for eviction. You cannot withhold rent for any reason. Tender your rent now and the landlord should withdraw the eviction. If the landlord persists, you will need to attend the hearing and... View More
I have been living a house with a family renting it in North Carolina. The landlord gave me a 5-day notice to pay an extra $250 per month for the remaining of the lease. I have been living with the family since they moved in 6 months ago and the land lord knew about it but I never signed the lease... View More
answered on Feb 28, 2017
Typically leases allow a certain number of people to reside in the residence. If the original lease did not allow your residency, then the tenants are in violation of the lease. Since the property is already under lease, this is really like the landlord is renting out a specific space to you. So,... View More
I have been paying my rent on time every month since I have been in my previous apartment. It has been difficult due to the difficulties I have had getting to and from work. Since I have transportation issues I can't make the money I need to pay my rent. I've had transportation problems... View More
answered on Feb 24, 2017
If you are referring to having an eviction on your credit record, then no, there is no ability to have it removed. However, if you pay the amount due, then it should show as paid. Unfortunately your question is not clear as it says you have paid every month. If so, I am not about why there was an... View More
I walked outside my home two days ago to find my car gone. Towed because the HOA contracted a towing company to come by periodically to check for registered tags. But I got no notice for the tow. I went to pick up the car today and they would not let my friend pay for me even though we were both... View More
answered on Feb 16, 2017
You need to know what's wrong with it before you have a case. Just because it ran fine before doesn't mean it's fine now.
File a complaint with the HOA.
He has been staying with us for about 3 years. He lost his job and we came to an agreement that if he wants to still stay with us he has to find a job to pay rent. He agreed to the terms but he still has no job and does not plan on getting one. We gave him a date and now he says he is not leaving.... View More
answered on Feb 8, 2017
You'll need to file a summary ejectment action in small claims court to evict your nephew. Once the date for his departure passes, you can file the action.
Also the bathrooms don't work who's responsible for fixing the bathrooms
answered on Feb 8, 2017
Your lease will specify whether these late fees are permitted and who is responsible for maintaining the facilities.
She was informed of damages and has seen damage before we ever moved in. Refuses to repair claiming it wasn't her fault.
answered on Jan 26, 2017
You may not withhold rent in North Carolina for the failure of the landlord to fulfill her responsibilities. You may, however, file a small claims action to enforce the North Carolina statutes to provide fit and habitable premises. Depending on the condition and the issue, the court may order rent... View More
My landlord is mean, old and hateful. She was not always like this, but it had gotten to the point that I was ready to pack up and leave. Then she said you don't have to leave I was deeding this property to you and your husband if anything happens to me or David(her husband). Now that his and... View More
answered on Jan 24, 2017
It sounds like a ploy to keep you in the house. Ask her to sell you the house or to commit to a contract to convey the house to you. She likely won't and that will tell you something. If she should express willingness, have a lawyer draft or review the contracts to protect you from overreach... View More
answered on Jan 23, 2017
If there was truly no lease, then the security deposit should be refunded as soon as possible. However, given the information provided, perhaps the landlord believes there was at least a monthly rental. If so, they may be attempting to keep the deposit to pay for rent. More information would be... View More
I have a 5 year lease with 4 years left and also have a work contract that states certain amount of w
Hours are deducted from my weekly check to cover rent it also says if the property is forclosed or is sold my lease and contract still stand to end tenancy both parties must agree or... View More
answered on Jan 18, 2017
Whether or not you can sue will depend on the exact language of the lease. Leases almost always have a termination clause in them allowing the landlord to terminate the lease upon some or no reasons with proper notice. If the lease says that termination can only be had upon mutual agreement, then... View More
If I served him at his place of business .Can he still use this as a defense to have it dismissed or Is there a defense I can use?
answered on Jan 4, 2017
If you were hurt why not contact a member ot the NC Assn for Justice? They give free consults.
answered on Dec 31, 2016
Your question, although related to your immigration status, is not an immigration question. Whether a landlord will rent you a house is up to the landlord.
I rented out a room in my house. A few days before moving out I texted my tenant to leave me her forwarding address so I can mail her the deposit. When she moved out she didn't turn in her keys and never left me her forwarding address. It's been about 3 weeks. At what point does she... View More
answered on Dec 20, 2016
You must hold the deposit for collection by the tenant for at least six months. Have you tried mailing a letter to your rental as she may have placed a forward on mail to that address, as opposed to providing it to you. I would send this letter to document your efforts to return the deposit and... View More
Property management license was revoked by NC real estate commission, but before that we hired this property management to handle our rental property and terminated the contact after one year. We were told by tenants that they thought their security deposit is with us, unfortunately that is not the... View More
answered on Nov 8, 2016
You will need to review both your contract with the management company the the actual lease. Each document will specify the rights and obligations of the parties with the respect to the security deposit. The management company has an obligation to account for the security deposit and either... View More
answered on Nov 1, 2016
A landlord cannot waive its responsibility to maintain plumbing and sanitary parts of the home. If such a provision is in the lease, the tenant must receive compensation for performing those duties. Generally, such a change would take place when a new lease is entered into for a new term. It cannot... View More
answered on Oct 4, 2016
The statute of limitations is a defense. The collection agency can file suit on the debt. It is your responsibility to raise the defense. If you don't, a judgment can be entered for the amount claimed. It also depends on when the statute runs from in this case. It may not yet be expired.
A summary ejection against the tenants has been awarded by Alamance County, NC
answered on Aug 22, 2016
Wages cannot be garnished in North Carolina, except is a very few circumstances, such as child support. As to liens, a judgment lien attaches to any real property owned by the judgment debtor on the date the judgment is recorded in the county where the property lies. For personal property (anything... View More
answered on Jul 25, 2016
It will depend on the terms of your lease. Generally, rent is set for the term of the lease (in most cases, one year). Unless there is provision in the lease that allows it to be raised during the term, then the answer is no. If you don't have a written lease, than most likely you are month to... View More
My attorney file my case in Superior Court, in NC. He sent me an email saying he got a better job offer and is closing his practice. I didn't know he stopped working on the case. He then tells me the opposing counsel wants him to testify can he talk about me? He was to submit documents to... View More
answered on Jul 16, 2016
You should tell him you don't want him testifying about you. You have a right to his continued allegiance. He should have filed a request to withdraw. He has a duty to help his clients find lawyers. You should talk to someone at the local bar association. If it's about an injury... View More
He is suing for a new roof b/c they installed a satellite w/o his permission. Tech said that since there was already a dish on the roof, it would be fine. Direct tv did come out and offer to fix the hole but he wants a new roof. This was about 5 years ago. I really don't have time.
answered on Jul 20, 2016
You do not have to testify voluntarily. If you are served with a subpoena, it is a court order and you must comply.
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