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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can I break a lease without penalty based on landlord's false representation of the house?

My family moved to North Carolina from West Coast. We signed a lease after looking at photos and description on Zi****.com but when we arrived almost every wall inside the house was spot painted. Landlord offered to repaint the house which we really appreciated but our family would had to stay in a... Read more »

Ben Corcoran
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Ben Corcoran
answered on Dec 2, 2020

Without reading your lease and the communication prior to the signing of the lease I cant give an opinion on your options. Take all of the related documents to a local lawyer and they can give you your options.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for North Carolina on
Q: I live in north Carolina and have been squatting at a fairly expensive home like 1.2million does that affect the claim?

It's a huge home that's not had any interest from potential buyers the entire decade I've been squatting there... although the powers always on and I've only had one encounter with the real estate agent that is employed by a company... I live in a little town where mansions are... Read more »

Ben Corcoran
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Ben Corcoran
answered on Nov 17, 2020

You need to "squat" for a minimum of 20 years before you could bring an action to have the house transferred to your name.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I have 8 months left on my lease, can the landlord force me to move out early if he sells the house?
Ben Corcoran
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Ben Corcoran
answered on Nov 17, 2020

No, the new owners would be buying the house subject to your lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Recently, my father granted a 1-acre lot with a house to myself and my two siblings. We learned that my father made a

verbal agreement with our cousin over five-plus years ago to live in the (questionable habitable) house rent-free. We are not interested in being landlords and very concerned about the habitability of the property. We would like assistance with the rights of both parties.

Ben Corcoran
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Ben Corcoran
answered on Oct 17, 2020

Under your scenario, provided that you are now the owners of the property you have the right to revoke your cousin's ability to live there. There is likely a very minimal landlord-tenant relationship, so I would give at least a 7-day notice and hope that your cousin agrees to moe out otherwise... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Does a landlord have to take separate eviction papers on each person over the age 18
Anthony M. Avery
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Anthony M. Avery
answered on Oct 7, 2020

Yes all adult occupants should be joined and served. Minor occupants will usually go with their Parents. If all adults are not known, serve the unknown parties as "Occupant".

2 Answers | Asked in Landlord - Tenant, Collections, Municipal Law and Small Claims for North Carolina on
Q: A tenant defaulted on rent and abandoned an office in NC. Their HQ is in GA. Can I use small claims court in NC to sue?

The abandoned office is in Charlotte NC and was their only NC office. There is nobody here to receive the summons. Their HQ is in GA, where we know the summons will be received. I tried to file but the small claims clerk led me to believe that serving the HQ in GA would be problematic and out of... Read more »

Ben Corcoran
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Ben Corcoran
answered on Oct 2, 2020

You cannot file in small claims court if the defendant is not a resident of the same county. Your only option is the district court, sorry.

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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Why am I not able to get a lawyer for a tenant landlord concern every law firm says its a conflict of intrest

my leasing office is unresponsive and I've been trying to get a sublease on but I cant get a response

Ben Corcoran
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Ben Corcoran
answered on Oct 2, 2020

Try contacting smaller firms, this is not likely something that you would need to pay large firm prices for anyways. Most landlord/tenant disputes never make it before a judge and are settled in front of the magistrate. Unless you are talking and a very large case any general practice lawyer is... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can I withhold rent from my landlord till he fixes an issue that has been constant for months ?

I moved into my home in February the first day I’ve moved in my roof has been leaking every time it rains heavy or constant my landlord claims every time the spot is patched but then it’s leaking once again. I’ve been paying him since now I’m tired of this spot leaking every time it rains... Read more »

Ben Corcoran
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Ben Corcoran
answered on Sep 28, 2020

You can never decide to withhold rent in NC.

What you need to do is ensure that you have made a written request for the repair (email or letter). Then have waited a reasonable amount of time to get it fixed. Then report the landlord to the local housing authority. They have the power to...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I have a girl living in the apartment with my employee who lives on site and she won't leave. I have no lease with her.

The lease with him is an implied one, dependent upon his employment. She has never paid a dime here. What should I do?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 22, 2020

Given that there is no official lease between you and your employee, there is not much you can do as the law would say that your employee has the right to allow others to live there or even sub-lease from your employee. You need to get an official lease in place between you and your employee that... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My brother and I were sharing 3.5 acres. We both have homes on it. He died. Can I rent it out legally. He had no will.

It hasn't been took care of and I am afraid codes will fine me for not mowing property. Abandoned home in the neighborhood.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 3, 2020

You have not stated what estate you and the Deceased owned (tenants in common, life estate/remainder, etc.). The Deceased's Heirs own his share, if any. Did he have issue? If so, they are tenants with you. What about your Parents? You probably need a competent attorney to record an... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: Hi.There’s a sibling living in the household that won’t pay bills.but everyone else does.can I get a civil order

The home is in my mother and fathers name and both are deceased with now will

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 17, 2020

As always, you will get a more accurate and complete answer if you consult with a local attorney who has the time to understand all the facts behind your particular situation. That said, I don't see grounds to get a "civil order" (which isn't really a legal term). If both... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My stepson turned 18 in April. How do we go about evicting.

He pays his car insurance until this month and partially pays his cellphone.

Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Jul 16, 2020

Unless he has a valid lease with you, if you tell him to leave and he does not, he is likely committing the crime of trespass. For that, you simply call local law enforcement and they should come arrest him and remove him from the property. However, law enforcement typically does not like to get... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: In NC in a second marriage, if spouse passes away and it was his house, can his children make you move or do you have

Lifetime rights?

Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Jul 15, 2020

Depends on whether there was will or not. If there was no will, the property will pass thru intestate succession laws. Who gets what depends on what family members there are and what there relationship to your spouse was. Even with a will, you can not be disinherited entirely in NC, so the... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I have a court date for an eviction and the tenant has now paid all the back rents and I need to know how I file this

the rental agreement is now on a month to month basis

Paige Kurtz
Paige Kurtz
answered on Jun 26, 2020

If you are no longer looking to proceed with the eviction, you can file a dismissal of the action. The clerk of court has a form that you can use.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Carolina on
Q: I no longer want to be associated with the house my girlfriend and I are buying. What are my options?

To clarify is she an ex. We both are on the loan and deed. Were together 8 years. What is needed to be done to sell or buyout?? I no longer care to own house, want to sell. However, she will not have an adult conversation with me about it. What if she cannot obtain the house in her name only?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Jun 23, 2020

If you are not married, you are likely tenants in common. If so, there is really no need to 'discuss' it with her - she doesn't really have much choice, so you can essentially just tell her how things are going to be. If you want, her choices are pretty much limited to either... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: I have a lease with a tenant and a cosigner in NC. Are their spouse's responsible for a financial judgement as well?

The paperwork has Tenant and CoSigner on the lease, with Tenant's family listed as occupants. When filing for summary ejectment, do I need to include Tenant's wife and CoSigner's wife on the court paperwork?

Paige Kurtz
Paige Kurtz
answered on Jun 1, 2020

Only those parties that signed the lease are the responsible parties. Spouses are not responsible simply because they are spouses, nor are people simply listed as occupants.

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: May tenants refuse entry to landlord's vendors (for non-essential maintenance) to avoid contact with COVID-19...?

May tenants refuse landlords' requests (i.e., entry of vendors) for non-essential maintenance (i.e., issues that do NOT pose harm or a threat to habitability, and that will NOT cause further degradation to property if left until a later date) (e.g., painting walls) to avoid contact with... Read more »

David Allan King
David Allan King
answered on May 18, 2020

Questions of contract law almost always come down to "well, I need to see the contract."

However, lease agreements will typically have a provision that requires allowing the owner onto the property for maintenance.

They also usually have a Force Majeure clause that...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How long does a landlord have to return a security deposit in North Carolina?

I received an email that my security deposit would be mailed out that week. Then a month later I was sent a bill stating I owed for damages. I was sent the itemized bill 48 days after the end of my lease.

Paige Kurtz
Paige Kurtz
answered on Mar 23, 2020

A landlord has 30 days to issue an itemized statement regarding the application of the security deposit and/or return any unapplied security deposit. However, if the landlord's damages are not fully known in that time, they have to issue an interim accounting and then a final accounting within... Read more »

1 Answer | Asked in Insurance Defense and Landlord - Tenant for North Carolina on
Q: If I was injured in an accidental apt fire the Landlord had insurance Coverage after the hospital bill is paid, am I too
Tim Akpinar
Tim Akpinar
answered on Feb 9, 2020

It isn't fully clear from your question whether you're inquiring about reimbursement of your hospital bill, or compensation as an injury victim. You could contact a North Carolina attorney to discuss the matter in further detail; most attorneys who handle injury cases generally offer free... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Landlord - Tenant for North Carolina on
Q: What can I do if the apartment complex I stay at entered my apartment and left my doors unlocked and items where stolen

They acknowledged they dropped the ball with not locking my door, but only offered me $1000 when my losses were over $13000

Peter N. Munsing
Peter N. Munsing
answered on Dec 10, 2019

Ask for the 13,000. I assume you filed a police report and can document the value? Note that the value you'd get in court would be the value as they were. Tell them you expect the 13. Chances are they are trying to avoid an insurance claim.

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