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North Carolina Landlord - Tenant Questions & Answers
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 Houser
Amanda Bowden Houser 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.

1 Answer | Asked in Personal Injury and Landlord - Tenant for North Carolina on
Q: Fire broke out in my apartment caused by an electrical wire that was poorly installed. Will you have to pay for repairs?

Fire started Sunday November 3 2019 at 4:10am. Fire was caused by electrial wire of a fan that was poorly installed and properly working correctly.

Tim Akpinar
Tim Akpinar answered on Nov 23, 2019

You should not have to pay for anything if you had nothing to do with the installation of the wire. You posted this under personal injury. If that means you sustained injury and incurred medical expenses as a result of the fire, you could have certain rights, which you could discuss with a North... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I rent a lot in a mobile home park but I own the home can a landlord force an inspection of the interior of the home?
Will Blackton
Will Blackton answered on Oct 30, 2019

This is going to depend on the terms of the lease agreement you have with your landlord. Review your written lease and see what it says about interior inspections of the home or landlord's access. The landlord's motivation for inspecting the interior of the home may also matter: less... Read more »

1 Answer | Asked in Landlord - Tenant and Probate for North Carolina on
Q: inherited property and step-granddaughter won’t move out.

My father passed two weeks ago and left all property/house to me and my sister. The house has already gone through probate. His step-granddaughter had been staying there for a short period before he passed and we have since asked her nicely to be out by today. We gave her two weeks from 9/14/19.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 28, 2019

Law enforcement rarely will evict a trespasser if it "looks" like she "lives" there. Even something as simple as her clothes in a closet will scare them away. You are going to need to hire an attorney to help you with an unlawful detainer action against her.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord keep security deposit if we terminate early and they have found new tenants for the same month?

Foolishly my husband and I signed a one year lease agreement and a 2 hours later we ended up finding a home we wanted to purchase. Yes, we did it backwards and no I don't need a lecture on that! Upon letting the landlord know he said he would be keeping our $2100 security deposit (one month... Read more »

Andrew Gordon
Andrew Gordon answered on Aug 11, 2019

Unpaid rent is one item that can be paid out of a security deposit. Costs of re-renting the premises are another. You can ask for some or all of your security deposit back given the circumstances. If you can't agree on an amount, I'd suggest speaking with a landlord tenant attorney about... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: When an adult child leaves the home (22y/o), under bad circumstances, the items remaining in the home belong to whom?
Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 22, 2019

Items in the house belong to whomever owns them. Items left your your house do not magically become yours by mere virtue of being left in your house. If there are items that belong to your adult child, you are likely under a bailment obligation to store them safely for some period of time. You... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: If my landlord passes away does it nullify my lease?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

No.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Wondering if I have the right to withhold rent for each day that my air conditioner has stopped working with pets home?
Paige Kurtz
Paige Kurtz answered on Oct 3, 2018

No, you may not withhold rent in North Carolina. You will need to follow the terms of the lease in giving the landlord proper notice of the issue. If it is not resolved, you can sue the landlord for not complying with the lease and/or North Carolina Statutes.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it illegal to withhold rent in the state of North Carolina If a landlord is not fixing the unit that is unlivable
Paige Kurtz
Paige Kurtz answered on Sep 20, 2018

You may not withhold rent. If the landlord is not complying with the law, you will need to file suit against the landlord to enforce the obligations that the landlord has under the law to provide a unit that is livable.

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... Read more »

Amanda Bowden Houser
Amanda Bowden Houser 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... Read 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... Read 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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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
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... Read more »

Will Blackton
Will Blackton answered on Mar 6, 2018

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

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...
Read more »

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