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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: My dad died. So my sister and me get his land and trailer. I want to sell my half but she won't agree. What do I do?
Amanda Bowden Johnson
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answered on Jan 12, 2018

Make her buy you out. If she refuses see an attorney.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: When a new property management takes over rental property, is old lease null & void! Don't they have to get a new lease

Wouldn't it automatically be month to month unless new property management gets you to sign a new lease when they take over?

Paige Kurtz
Paige Kurtz
answered on Dec 28, 2017

No. The new company takes over the property subject to the existing leases. The leases can be terminated by either party as provided for in the written lease.

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: We received a letter from our landlord stating they have sold the property and we have to move.

How long do we have before we have to move? We are a family of 5, it will be difficult to find housing and be able to move in within this time restraint.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Landlord - Tenant for North Carolina on
Q: Boyfriend chocked me twice and I'm pregnant we have a baby together already and lease is in my name I have no job

Lease is in my name and I'm not working to stay home with the baby, I want to get out of the situation but for him to only have contact for our children. I don't want him to serve jail time because of our children

Amanda Bowden Johnson
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answered on Dec 14, 2017

You didn't ask a question but I assume to wnat options - if so, it is likely your options are:

1) to take out a DVPO and effectively put him out and figure out a way to pay your expenses or

2) you move out and figure out a way to pay your expenses and deal with any lease...
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0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Evicted and neighbors robbed and stole entire contents before moved, what to do? Ldlord will sign its OK 2leave itthere

Ldlord gave alot more than 10days TI have it out &will sign. Suspect admitted theft&i have witnesses. Cop said forget it and start over but I can't! She works with me and wears my clothes to work. She poured out my brothers ashes and stomped in them and took all my dead mothers things... View More

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: I am moving out of my rental on 20Dec17. Landlord says I have to pair entire month of December? Is that correct?

I gave here 60-90 days notice we would be moving out in mid-December.

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Can my landlord charge me rent for the time I didn’t live in the house after I get evicted and left the property?

Got evicted in October, lease is up in December, got charged for November rent although didn’t stay in the house

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: can my landlord keep my deposit and charge me additional money when we technically didn't even have a lease?

Me and fiancé signed a year lease in 2015, and put down $900 deposit. We ended up staying 2 1/2 years but never resigned a lease after year one despite asking him too. Everything was fine until about two months ago when he said he was having his realtor come back next week to put the house up for... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: As a landlord, my tenant’s hot water tank broke and increased her bill. Am I responsible for her bill?

I replaced the hot water tank within 2 days after she notified me

Cameron Lambe
Cameron Lambe
answered on Dec 12, 2017

The short answer is that it will depend on your lease agreement. Many lease agreements contain provisions regarding maintenance and repairs that outline the responsibilities of each party. Often, these only require that the landlord be responsible for timely fixing written maintenance requests.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: What type of notice do I need for a NC eviction if my name isn’t on the lease but have paid steady rent for a year?

I pay the majority of my bills in cash, so her name ended up on the lease and utility bills. I have paid steady rent for over a year. She’s telling me to out so her close friend can live with her instead and has given me 60 days to do so, not 90.

Gregory L Abbott
Gregory L Abbott
answered on Nov 30, 2017

The answer to your question depends upon the exact details, such as who do you pay your rent to? The master landlord? Or to your roommate? If to the roommate, then she may well be your landlord (likely in violation of her lease unless it is with her landlord's knowledge and permission). If... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: Can a private landlord get out of the contract they have with a rental company to handle the renting?
Paige Kurtz
Paige Kurtz
answered on Nov 27, 2017

You will need to review the terms of your contract with the rental company. More than likely it has provisions in it regarding how and when the contract may be terminated. It should also tell you what kind of notice must be given.

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: If a 2 tenants signed the same lease agreement does the landlord have to file evictions against both tenants?

Me and my boyfriend both signed a lease and only he was evicted do i have to leave or does the landlord have to evict me as well i was not served with eviction papers

0 Answers | Asked in Elder Law and Landlord - Tenant for North Carolina on
Q: I'm living with my daughter and family for over 2 yrs I paid 300 monthly can she just tell me to leave

I'm on disability andf I get mail here and am a licensed driver at this address for over 2 yrs now. What are my rights?

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I never signed a lease agreement. Can the landlord file legal actions against me?

I never signed a lease agreement and was living in an construction site for the year I was there. Under the impression that the landlord would work on house, and that never happened. I brought to her attention that I would be moving out. Now months later she threatening to file legal against me.... View More

Paige Kurtz
Paige Kurtz
answered on Nov 10, 2017

Leases do not have to be in writing to be valid, unless the term exceeds three years. If the landlord does pursue you for payment of rent, you may have defenses if the landlord did not provide a habitable premises.

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for North Carolina on
Q: The landlord for my business is refusing to provide me with a signed copy of my lease unless I pay him money. Legal?

We had a signed lease in place with our names listed and requested, at discretion of the ABC commission that our LLC be added to the lease as well. Our landlord drew a handwritten line on the lease as a place for the LLC to sign, no other modifications were made. Now he is refusing to give us a... View More

Paige Kurtz
Paige Kurtz
answered on Nov 8, 2017

No. The landlord should provide you with a copy of the signed lease. Unless there is some provision in the lease that allows him to charge a fee for modifications to the lease, the fee would not be appropriate. Also, if it is not in the lease, it was not agreed to prior to the modification, so it... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: As a landlord can I deduct late fees from a renter's security deposit?

A renter recently moved out and although their monthly rent was current, they were habitually late making payment and had written several bad checks. I asked on numerous occasions for late fees and return check fees but none were ever paid. Can I now deduct those fees from the security deposit?... View More

Paige Kurtz
Paige Kurtz
answered on Nov 8, 2017

Yes, late fees are allowed to be charged and deducted from the security deposit.

0 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Do I owe my landlord $500.

There was a fire. The insurance company deemed it negliance. The landlord wants me to still pay $500 for the deductible. Do I need to pay a deductible if the insurance is not going to pay. Can I offer to fix the damage and not pay $ 500 because it was not $500 worth of damage?

0 Answers | Asked in Landlord - Tenant and Small Claims for North Carolina on
Q: Do I still need to file eviction notice? Have written proof that tenant agreed to vacate property on specific date.

I have a tenant without signed lease that missed rent. I have written proof they agreed to vacate on the 5th (last night). I had given oral notice that missing rent would result in them having to vacate the property and have messages proving they agreed to leave the premises. I gave them an... View More

0 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: Do you have to put a rent increase in writing in NC.

Talked to my landlord about two months ago, he said he would send me a notice in the mail of a rent increase but never did on the 30th of oct he texted me say remind your rent will increase on the first of Nov. I told him I never received a notice so he texted me and said because we can't... View More

0 Answers | Asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for North Carolina on
Q: If your name is not on the lease can your roommate change the locks without your consent?

I was staying at an apartment with a friend of mines that I’ve know for 20yrs. I was paying half of rent and utilities, I even had mail being sent to the apartment. On August 29, 2017 I returned home from a weekend trip to find out the locks were changed without given me any notice. Also I had... View More

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