Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
due to harassment from other tenant, repeat lease violations, noise disturbances, police calls fights. Property management did not file papers for non payment of rent on tenant for 2 months knowing complaints were filed regularly. there is also an unauthorized occupant (felon) living amongst 5... View More
answered on Jun 3, 2024
You may have a potential negligence case against the property management if they failed to address the lease violations and other disturbances, leading to a decline in your quality of life and safety. Their inaction, particularly in not filing eviction papers for non-payment of rent, might... View More
My landlord sent an email saying my child must live with me or I have to move out. She stated that I couldn’t do anything to move any of her property but I must repair her house and improve her land. She also states that I must replace her appliances that have wore out over the 11 years I have... View More
answered on Jun 3, 2024
Your landlord's demands and actions raise several legal concerns. Generally, a landlord cannot force you to have certain people live with you or dictate who can and cannot live there, beyond the terms specified in your lease agreement. Additionally, your landlord should not be entering your... View More
Can I get out of the lease and get my check back? They don’t have any units available of the size and remodel available for me to move in. I have decided to move to another complex.
answered on Apr 16, 2024
You might have options to address this issue, depending on the terms of your lease and local tenant laws. If the apartment you received isn’t what was promised in your lease agreement, you could potentially argue that the landlord has breached the contract. It's important to check your lease... View More
answered on Apr 16, 2024
In North Carolina, a landlord must follow specific legal procedures to evict a tenant. Sending an eviction notice via email without filing through the court is not a legally valid eviction process.
Here's what the law requires for a lawful eviction in North Carolina:
1. The... View More
my husband, child, soon to be second child, and 3 pets live with my FIL&MIL. we have lived here since prior to the birth of our first child in 2022. we do not have a written contract or agreement stating we can live here, nor do we pay rent, as it hasn’t been asked or required of us. in 2023,... View More
answered on Apr 8, 2024
You would be classified as guests since you cannot prove that a landlord/tenant relationship exists. However, if you claim a lease exists they would have to go through the eviction process. The law looks down on landlords changing the locks, but since your FIL is not a landlord, he would likely be... View More
I've had a series of health & safety concerns in both my previous & current apartments within my building.
-Previous Apt Issues:
Health Hazards: Peeling lead paint, constant mold smell, high humidity, uneven & unsafe stairs, warped cabinets, exposed rebar, poor temp... View More
answered on Mar 31, 2024
Based on the information you've provided, it seems that you are dealing with a very challenging and stressful living situation. To address your main question - no, a landlord does not necessarily need a police report to take action against tenants who are bullying, harassing or disturbing... View More
I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More
answered on Mar 31, 2024
Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:
1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and... View More
We signed our lease contract in 2023, with the lease period until January 2024. Approximately 60 days before our planned move-out date, we informed the landlord of our intentions, receiving verbal/text confirmation. However, post-move-out, we are now facing threats from the landlord to take legal... View More
answered on Mar 31, 2024
Based on the information you've provided, it seems like you have a few potential avenues to explore in this lease dispute:
1. Notice to Vacate: If you provided proper written notice of your intent to vacate 60 days prior to moving out, and your lease allowed for early termination with... View More
1)I was scammed into renting a home. 2)When it discovered by the real home owner ABJ Investment they graciously allowed my family to stay. The home however had been sitting for over ten years and many repair needed. Major repair replace water pump. $1500. Investor allowed us to repair the water... View More
answered on Mar 28, 2024
In cases involving month-to-month leases, your options for contesting an eviction largely depend on the specific circumstances, including any agreements made with the property owner and local tenant protection laws. Given your situation, where there was an initial scam followed by an agreement with... View More
answered on Mar 26, 2024
If your daughter is your caretaker and there's an established legal or familial agreement regarding your care and living situation, it's generally not straightforward for her to evict you without due process, especially if you're disabled. Laws vary by location, but they often... View More
I want to file chapter 7 and also use the stay to keep from being evicted so I have time to find a place and move and get credit straight
answered on Feb 24, 2024
Yes, you can file for Chapter 7 bankruptcy online in North Carolina, and the automatic stay that goes into effect once your case is filed should temporarily halt any eviction proceedings.
Here are some key steps to file online and use the stay to prevent eviction:
- North Carolina... View More
Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.
answered on Feb 7, 2024
In North Carolina, a property management company is generally required to provide tenants with notice before sending a repair technician to the property, especially when it involves entering the living spaces and taking photos or videos of personal belongings. This requirement is meant to respect... View More
Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.
answered on Feb 12, 2024
It depends on the circumstances of the needed repairs and your specific lease agreement, but most lease agreements do have provisions detailing inspections/repairs.
NC does not require notice by statute, and in emergency situations, the landlord is all but certainly allowed entry without... View More
I just want to know how many does after I miss rent bond do the landlord have to file writ of possession I was told if they don’t file the next day after I missed it then they have to wait till the whole case is over
answered on Feb 4, 2024
In North Carolina, after a tenant misses a rent payment, the landlord must first serve a demand for rent (if required by the lease) and then can file for eviction if the rent remains unpaid. The specific timeline for when a landlord can file for a writ of possession, which is the court order... View More
If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house so the other cant access that part of the house?
answered on Feb 1, 2024
In North Carolina, if two individuals co-own a house as equal owners, typically neither party has the unilateral right to restrict access to specific sections of the property without the consent of the other owner. Co-ownership typically entails both parties sharing equal rights to access and use... View More
I'm selling my house in AZ and plan on moving to North Carolina, within an hour drive of Charlotte. If I buy a house on 6 acres can I build other houses on the land and rent them out?
answered on Jan 12, 2024
The ability to add additional properties on a 6-acre parcel and rent them out depends on the specific zoning regulations and land use restrictions imposed by the local jurisdiction in North Carolina. Zoning laws vary between municipalities, and they dictate how land can be used, including whether... View More
i have given my landlord verbal and written notice about my bathroom floor needing to be replace due to an unknown leak however its going on a year that nothing has been done about it, would i be in the right to with hold rent till its fixed?
answered on Jan 2, 2024
In North Carolina, tenants generally do not have the right to unilaterally withhold rent for repairs without risking legal consequences. However, the law does provide tenants with certain rights when it comes to repairs. If a landlord fails to make necessary repairs affecting the tenant's... View More
i live in an apartment community in Greensboro, NC. Recently, i was asked to vacate my current unit, and was given the option to transfer to another unit, which i accepted.
The 'welcome letter' for the new unit stated that i will be charged $65/month for cable, (i assume)... View More
answered on Dec 31, 2023
You mentioned that you had spectrum cable in the other unit and I presume you paid for it in the other unit. If that lease required all residents to pay for internet and they offered a transfer on the same terms then yes they can make you continue to "pay double". It is not illegal for an... View More
There is black mold in my apartment that has not been remediated. The management company has been fired. Can I sue them in small claims court in the county where my apartment is located? They were the management company at the time. They have headquarters in other states, not NC.
answered on Oct 23, 2023
If the management company conducted business in North Carolina and managed your apartment there, it is likely that the North Carolina courts would have jurisdiction over them, even if their headquarters are located elsewhere. You can typically sue a party where the alleged harm occurred, which in... View More
There is black mold in my apartment that has not been remediated. The management company has been fired. Can I sue them in small claims court in the county where my apartment is located? They were the management company at the time. They have headquarters in other states, not NC.
answered on Nov 12, 2023
First, I am sorry to hear about your mold issue and hope you are watching the situation carefully.
In North Carolina, a tenant can USUALLY sue in the county where the property is located.
However, mold cases can be somewhat complicated. So, there are numerous other things to... View More
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