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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Landlord - Tenant and Probate for North Carolina on
Q: Deed left to mother an I I’m 2nd she has lifetime rights to home. She can’t sale, what’s my rights or have say so about.

Don’t want here totally either running the place down or trying to totally remodel without any input as it will be mine also. My dad is going to use all his money to repair the place though which is good Mom just has medical issues and can be mean I don’t want her taking total advantage of him... View More

Amanda Bowden Johnson
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answered on May 30, 2018

It sounds like she has a life estate and you have a remainder. if so, your mother is quite right, she gets to do what she wants with the property until she dies or voluntarily gives it up and you basically get what's left over or - the remainder. If you want to make sure there is a remainder... View More

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Going to court to evict tenant and she took our carport, can we press charges?

We bought the home from her AS IS. We agreed to let her stay there until her new place was ready. That was in November we are going on June, needless to say we are going to court next week to evict her because she refuses to leave. We noticed today as we rode by the house, the carport that was... View More

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: How do I sue my landlord for our security deposit when he lives in state other than where the apartment is?

We lived in a house here in NC for 2 years, the owner and landlord live in PA. When we moved out he did not return our security deposit. Because he lives in another state the court says we arent able to file a small claim. How do we sue and get our money back?

0 Answers | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: I rent in NC. In my lease it states that mgmt will accept packages with no fees. Can this be changed without addendum?

No fees are mentioned on lease concerning mail stowage, mgmt sent out an email stating they would no longer accept and then put a locker system in place that requires tenant credit card to be on file for packages held after 2 days. Does the email notice amend the lease agreement even if we did not... View More

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant for North Carolina on
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (

Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before... View More

Timothy Denison
Timothy Denison
answered on Apr 23, 2018

You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.

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0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: If date you must get written notice from landlord for non renewal is the 31st, is that the date it has to be in hand

Our lease says we get 30 days notice for nonrenewal. That is today, the 31st. My question is, is that the date it has to be in our hands, or can they mail it today?

Q: I live in Charlotte NC. I'm inquiring as to whether it's legal for my management company to charge me for renter's insur

I have renter's insurance bundled with my auto insurance policy. I informed the property company of this and they requested that I add them to the policy as a condition to removing the fee

Christian K. Lassen
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Christian K. Lassen
answered on Apr 2, 2018

It can be a term of the lease to have it

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: What can I do about my landlord placing the house that I'm currently living in online for rent without my knowledge

I have people come by all times of day and night trying to see the house. The first time I came out of the shower and someone was in my house saying that the house was online for rent. I called my landlord and asked him why he didn't tell me that he was doing that he said that he didn't... View More

Will Blackton
Will Blackton
answered on Mar 6, 2018

That is going to depend on what your lease agreement says about this situation.

0 Answers | Asked in Energy, Oil and Gas and Landlord - Tenant for North Carolina on
Q: Me and one other party are on a year lease. Other party started violating lease, using drugs, not paying rent

I have given him notice that I will be leaving, and shut off power. Is this somehow illegal for me to shut off the power as I am no longer stayin there, and I do not want to pay for him to live and I know that he will not pay be back as he is a junky.

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Moved in with boyfriend in his NC home can he keep me out of home now.

I moved in in September and because I worked in TN drove back and forth everyday. I found out he was an alcoholic and We broke up in December and I started staying with my daughter in Tn for peace sake. I still was staying at his house on my days off every few weeks to pack my things. We had a... View More

0 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: Is a lease valid if they didn't identify the correct address in the lease?

I recently signed a lease on an apartment. I am moving out of state and wasn't able to view the unit myself, I went online and researched and felt comfortable signing it. I found out when I was setting up my utilities that the address of the building I would be in was not part of the main... View More

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Postal money order guaranteed by the 5th with a member of the staffs' signature. Snow came, office closed. Am i late?

If they closed due to the weather and/or if the mailman didn't go due to the weather, should I be charged a late fee if I have proof it was guaranteed by the 5th?

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Cant get ahold of landlord if we can renew our lease. Is their legal protection if I request to stay before I have 2 mov

Our lease expires in 3 weeks. Made multiple attempts to contact landlord to see if we can renew our lease for another year but to no avail. My question is even if my lease agreement ends in 3 weeks, am I protected for a certain amount of days from moving after making a request? We are looking for... View More

1 Answer | Asked in Landlord - Tenant and Domestic Violence for North Carolina on
Q: Ex-husband jail release 2/19. He burned down my house, stalked me and hit me. Landlord waive break-lease fee law for me?

Want to know if there's a law in my favor to move without fee for breaking my lease just renewed in Nov 2017.

Will Blackton
Will Blackton
answered on Feb 9, 2018

North Carolina law does afford special protection for victims of domestic violence, sexual assault, or stalking, in relation to early termination of rental agreements in Section 42-45.1 of the North Carolina General Statutes.

The N.C. General Assembly's unofficial copy of the statute...
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1 Answer | Asked in Landlord - Tenant, Probate, Business Law and Estate Planning for North Carolina on
Q: Do I have rights to my dead father's storage building, if someone else is on the lease?
Amanda Bowden Johnson
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answered on Jan 31, 2018

If you mean a rental storage unit then you may have rights to the contents if they were his and left to you in a will or otherwise inherited. If you mean it was his storage building but is currently leased to someone, then you would have to negotiate with the leaseholder or wait until the lease... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: How can we get access to a deceased brother's (owned by him) mobile home on someone else's land (ex-inlaw relatives)?

I live in FL; brother died in NC. I'm unable to travel. Brother owned mobile home which sits on property he rented ($100 mo.) from niece of ex-mother-in-law. She and husband have denied access to road they own leading to brother's home. Friend of brother needs to access mobile home to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 30, 2018

You need to post your question under the North Carolina section of Justia, as the property is located there.

Good Luck,

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: My wife and I are divorced. we have written signed agreement that she would be responsible for paying the remaining

money owed on a rental. She didn't. now the landlord has taken it to small claims court and I am on the summons. Will the written agreement free me being liable for the money owed?

Paige Kurtz
Paige Kurtz
answered on Jan 26, 2018

The agreement between you and your wife does not absolve your responsibility to the landlord as the landlord was not a party to the agreement and did not agree to release you from the obligation. However, if you have to pay the landlord or incur that liability, then that would be a breach of the... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I pay over half my rent on the due date and then give the rest 2 weeks later can my LL still charge me a late me?
Paige Kurtz
Paige Kurtz
answered on Jan 25, 2018

More than likely, yes, the landlord change charge a late fee, but it would depend on the terms of your written contract. Most, if not all, leases provide that the entire rent payment is due on a particular date. If it is not paid in full, then you are not in compliance with the contract and a late... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Can I as the mother not married to father have legal right to the house if it's not in my name but I have custody

We have been together 11 years

Amanda Bowden Johnson
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answered on Jan 19, 2018

If you aren't married any rights you have to property will need to come from somewhere other than your status as a mother who has custody of children.

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