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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord charge for light bulbs and smoke detector batteries?

Took those costs out of security deposit

Will Blackton
Will Blackton
answered on May 9, 2023

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...
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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: Hello, My apartment manager is stating she is going to evict me even though I have the money for last month rent.

I was late for april rent and tried to pay april rent yesterday. She told me she cannot accept it unless i pay april and may. Then she stated that this policy is in the lease. When I asked her to show me the lease she would not and only said that it is in there. Can she legally do this even if the... View More

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

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.

1 Answer | Asked in Small Claims, Landlord - Tenant and Libel & Slander for North Carolina on
Q: If I was falsely accused of illegal activity and slandered upon is that illegal?

I rented a house from a company. Upon check in the woman discriminated against me because I had teenage kids. She then falsely accused me of doing illegal activity and trashing that house, in which I had video proof did not take place. It was prior tenants that did it the weekend before because a... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Options for tenants when apartment complex allows violations of local Town noise ordinances.

Lived in my apartment for 8 years. New neighbor consistently jumps around with enough force to rattles floors and walls, and shouts at his dog, roommate and visitors, all before 7:00am and after 9:00pm, including weekends and holidays. Reported to management 4 times, and included verbal and written... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

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

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I live in North Carolina and in a bad relationship with my girl friend and would like to get out of it

I am 64 years old and living with my girl friend. My girl friend came to live with me about 8 years ago, few years after I bought my house. My girl friend and I have no children together. The house and all the utilities are on my name and I have always paid for all the house related expenses... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 12, 2023

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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Hello, I wanted to know if its okay to share SSN copy to landlords? FYI l will be sharing SSN number on online app.
N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I establish a trust account to hold tenant deposit money in North Carolina?
N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

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

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... View More

W. J. Winterstein Jr.
PREMIUM
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...
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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... View 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... View 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
PREMIUM
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,... View 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
PREMIUM
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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...
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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
PREMIUM
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
PREMIUM
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... View 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...
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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
PREMIUM
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... View 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.

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