Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
It was changed without asking
answered on Oct 24, 2017
I practice law in Virginia. You need to contact a lawyer in NC to ask your question.
I have not moved out yet and it does not go to collections until December 3rd. Will it show up before then if I apply for an apartment?
My roommate moved in 4 months ago when she took over for my old roommate; we signed our new lease but now I have decided for a better career opportunity I want to relocate out of NC to NYC. My roommate is made because she claims she did not want to move in anyway and that I blindsided her with this... View More 
I moved into my apartment last year on the 14 of October 2 months before my current lease expires. I reached out to my property manager because I had not received a new lease agreement. Four days before the 1st of the month I receive a lease renewal agreement in the mail. Can my property manager... View More
I purchased the assets of a business in Wake forest NC. The owner mis represented the revenue of the business and i realized quickly that i may not be able to pay the rent. My LLC assumed the lease, with me as the acting member. Do i carry any personal liability if my LLC is unable to fulfill... View More
answered on Oct 2, 2017
Generally, you would not be personally responsible for the debts of the LLC. Piercing the corporate veil is the way that you get behind the LLC to individual members. There are many factors that determine whether the veil can be pierced. Co-mingling is one, inadequate capitalization, failure to... View More
Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother... View More
answered on Sep 25, 2017
You can't effectively evict someone verbally in North Carolina.
You should contact a lawyer who specializes in landlord-tenant and eviction issues.
Search through the find a lawyer directory on this website or contact the NC Bar Association Lawyer Referral Service:... View More
Can I legally just ask her to leave?
answered on Sep 25, 2017
It will depend on whether or not she pays rent or any utilities. If she does, it may be construed as her actually having a lease, even if there is not one in writing. Leases are a tricky area of the law, and if you have any concerns, it would be best to consult an attorney about the specifics of... View More
answered on Sep 16, 2017
The notice requirement will vary depending on the terms of the lease. Many leases include a provision stating that a breach of the terms of the lease permit the landlord to file for possession of the home. Many also include a provision stating the notice requirements. If you have questions about... View More
in the end of July 2017 and it was listed by Mid August. They decided to move out at the end of August 2017. I believe they technically gave us 30 days verbal notice. We planned on giving them 30-45 days notice when we got an offer. Do we technically owe them their security deposit because they did... View More
answered on Sep 6, 2017
In general, the terms of your lease agreement will control. Your lease should provide the requirements that must be satisfied to end the lease, whether at the end of a term or upon the happening of other conditions that you establish.
While a security deposit may be held for nonpayment of... View More
A small water line broke which caused our bill to be almost $300 he did fix it a week later and my central air unit wasnt working took 2 1/2 months to fix my bill is close to $600 for 1 month. Our average water bill is $30 a month and a little less than $300 for electric. I have had to use my... View More
answered on Aug 30, 2017
If the landlord is in breach of your written lease, then a small claims action is appropriate for any damages that you believe you have suffered.
I was told by the Fire Marshall that my landlord didn't have property insurance and I didn't have renters insurance. I lost everything in the Fire. Can I go after the landlord for not having insurance?
answered on Aug 25, 2017
Unless there is a written provision (which would not be typical) in the lease that requires the landlord to insure your property, it is your responsibility to maintain renters insurance. The landlords insurance would only cover the landlord's property.
answered on Aug 16, 2017
You have until the last day through which you have paid rent. If you paid rent for August, then August 31, 2017 is likely your last day that you are legally entitled to possession.
Lease states rent is due on 1st. 10-day grace period is allowed. On the 11th day, we send a pay or quit in 10 days notice certified mail. She emails stating that the check is being mailed. It ends up being post marked on the last of the 10 day notice. She has emailed stating that she would have the... View More
answered on Aug 29, 2017
The terms of the lease agreement will control. If you are using a lease modeled after the AANC recommendations, the lease agreement should include a provision that you, as the landlord, are not required to accept a late payment. Without having more detail about the terms of the lease and the... View More
Like if I'm behind on rent and I didn't resign my lease what can the new landlord do
answered on Aug 10, 2017
If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not... View More
answered on Aug 7, 2017
There is no reason why a tenant can't draft a lease and present it to the landlord for signature.
can i challenge this apartment lease clause in court?
answered on Aug 3, 2017
A lease contract typically governs the responsibilities of each party. The lease can add requirements in addition to what may be set as a minimum by state law so long as it does not contradict the legal requirements. If the terms of your lease require a 30 day notice, it is likely a enforceable... View More
We need to rent to another daycare.
answered on Jul 26, 2017
You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.
answered on Jul 18, 2017
The landlord can only raise the lease as allowed by the written lease. Typically, in residential leases, the rent is set for the term, but contracts can always allow for the rent to be modified. If there is nothing in the lease that allows for this, then the rent should stay as is.
Landlord may terminate tenancy at expiration of initial term by given written notice 60 days prior to the exp date of initial term.
answered on Jul 13, 2017
You have the right to occupy the house until you are given notice to vacate the premises. Assuming your lease is still in effect when the house sells, the new owner may simply give the notice of termination of the lease and you would be required to leave.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
