If a residential lease agreement says the landlord must provide at least 24 hours' notice, then the landlord must abide by this requirement. If the agreement doesn't say how much notice is required, the parties should expressly agree to a reasonable time frame. 24 hours is considered... View More

In North Carolina, without a written lease agreement saying otherwise, residential tenancy is month-to-month. That means that either party can terminate by providing notice of 30 days or more. The terminating party isn't required to give a reason, as it is merely a termination, not an... View More

Ideally, you should videotape the entire inside of the premises shortly before departing and returning your keys to the landlord so you can prove there are no damages to the premises for which you are responsible under the terms of your lease.

No. Under the federal Fair Housing Act (FHA), management is prohibited from discriminating against the disabled and would be required to permit your disabled girlfriend to bring an assistance animal to your community (even if it is a “no pets” property). The FHA extends not only to residents,... View More

Under North Carolina law, a landlord generally may not charge a tenant for the cost of routine maintenance or repairs, such as replacing smoke detector batteries, out of the tenant's security deposit.

North Carolina's Tenant Security Deposit Act (TSDA) requires landlords to return... View More

Under certain circumstances, a landlord is allowed to refuse past due rent payment, even when the lease doesn't reserve the right to do so. You should consult with a knowledgeable attorney about your rights and options.

As for the potential housing discrimination claim, you didn't provide enough information for anyone to try to point you in the right direction.

As for the potential defamation ("libel" if written/"slander" if spoken) claim, whether or not you could win would depend... View More

Since apartment units share walls, the threshold for "unreasonable" noise tends to be higher than the threshold for free-standing residential properties. Also, one tenant's violation of a noise ordinance doesn't usually give another tenant any special rights, unless the lease or... View More

Your issue is potentially complex. There are several possible ways that you might be able to handle it, but an attorney would need to gather more information to be able to evaluate which option might be most appropriate.

You may consider starting by consulting with a landlord-tenant... View More

It would be pretty difficult to answer your question without additional information. For example: What role do you play in the scenario? Whose SSNs would you be sharing? What's the purpose for sharing the SSNs? What kind of app? Etc.

You might try reposting your question with more... View More

First, find a financial institution that is properly authorized in North Carolina. Next, confirm that they offer tenant trust accounts. (Some institutions may call them "escrow" accounts.) Then ask them as many questions as you need. For example, you may want to confirm what documents and... View More

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... View More

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... View More

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,... View More

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

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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.

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... View More

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.

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

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.