They have a key to get in the house on the sign but don’t give us a 24hr notice and enter our home without our approval. Is that allowed? And can they evict us with a lease?
answered on Jun 1, 2023
If a residential lease agreement says the landlord must provide at least 24 hours' notice, then the landlord must abide by this requirement. If the agreement doesn't say how much notice is required, the parties should expressly agree to a reasonable time frame. 24 hours is considered... Read more »
Been renting for 6 years on an agreement, no lease. Landlord now say he needs the house, no other reason, and giving us 30 days.What rights do I have?
answered on Jun 1, 2023
In North Carolina, without a written lease agreement saying otherwise, residential tenancy is month-to-month. That means that either party can terminate by providing notice of 30 days or more. The terminating party isn't required to give a reason, as it is merely a termination, not an... Read more »
My apartment has a fee for pets and no pets are allowed in without paper work and a monthly payment. However my girlfriend is visiting with her emotional support dog. Can they refuse her dog to stay there? I am in Wilson NC
answered on May 13, 2023
No. Under the federal Fair Housing Act (FHA), management is prohibited from discriminating against the disabled and would be required to permit your disabled girlfriend to bring an assistance animal to your community (even if it is a “no pets” property). The FHA extends not only to residents,... Read more »
Took those costs out of security deposit
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answered on May 9, 2023
Under North Carolina law, a landlord generally may not charge a tenant for the cost of routine maintenance or repairs, such as replacing smoke detector batteries, out of the tenant's security deposit.
North Carolina's Tenant Security Deposit Act (TSDA) requires landlords to return... Read more »
Lived in my apartment for 8 years. New neighbor consistently jumps around with enough force to rattles floors and walls, and shouts at his dog, roommate and visitors, all before 7:00am and after 9:00pm, including weekends and holidays. Reported to management 4 times, and included verbal and written... Read more »
answered on Apr 18, 2023
Since apartment units share walls, the threshold for "unreasonable" noise tends to be higher than the threshold for free-standing residential properties. Also, one tenant's violation of a noise ordinance doesn't usually give another tenant any special rights, unless the lease or... Read more »
I rented a house from a company. Upon check in the woman discriminated against me because I had teenage kids. She then falsely accused me of doing illegal activity and trashing that house, in which I had video proof did not take place. It was prior tenants that did it the weekend before because a... Read more »
answered on Apr 18, 2023
As for the potential housing discrimination claim, you didn't provide enough information for anyone to try to point you in the right direction.
As for the potential defamation ("libel" if written/"slander" if spoken) claim, whether or not you could win would depend... Read more »
I am 64 years old and living with my girl friend. My girl friend came to live with me about 8 years ago, few years after I bought my house. My girl friend and I have no children together. The house and all the utilities are on my name and I have always paid for all the house related expenses... Read more »
answered on Apr 12, 2023
Your issue is potentially complex. There are several possible ways that you might be able to handle it, but an attorney would need to gather more information to be able to evaluate which option might be most appropriate.
You may consider starting by consulting with a landlord-tenant... Read more »
answered on Mar 25, 2023
First, find a financial institution that is properly authorized in North Carolina. Next, confirm that they offer tenant trust accounts. (Some institutions may call them "escrow" accounts.) Then ask them as many questions as you need. For example, you may want to confirm what documents and... Read more »
I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... Read more »
answered on Feb 15, 2023
Did he file bankruptcy before the breach of the lease or after? I agree with the other attorney that you should consult your own attorney privately for advice before your court datethe specifics need to be reviewed and we can't do that for you here (don't just ask a general question here... Read more »
I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... Read more »
answered on Feb 15, 2023
When a bankruptcy case is filed, it triggers an "automatic stay" against any action to collect a debt against the debtor or his property.
For those who know, or should know, or constructively know, of the bankruptcy filing, and persist with collection efforts, even for possession... Read more »
Instead of having a new ac unit installed she is relying on the old unit being refurbished. Yet I pay for utilities and other miscellaneous bills including a bathroom remodel. It's not safe for my condition to continue to stay here if these problems persist. As a disabled veteran what are my... Read more »
answered on Feb 7, 2023
In general, if there is a condition that makes things unsafe and a health hazard - lack of running water, lack of useable toilet bathtub or shower, leaky sewage, standing water or leaks causing mold,unsafe electrical system, rotten stairs or floorboards, lack of operable locks, for example - the... Read more »
I haven’t received any notice in the mail stating a certain date to move, but I’ve researched and it’s said something about 5 days from writ of possession and 10 days additional. But I’m still confused on the exact deadline to move out!
answered on Jan 17, 2023
You have ten days from the date of the entry of the Order to appeal the magistrate's ruling. You file the appeal in the clerk of court's office. That appeal will be heard in District Court. If you do not file the appeal as an indigent, you will need to post a bond. If the ten days pass,... Read more »
The land is in my name, taxes are paid.
answered on Aug 16, 2022
Unless she has your Power of Attorney, she cannot sell your property. But are you sure you are the owner? A title search by a NC attorney might be needed, along with letters to interested parties. A complaint against the real estate agent might be in order.
non payment of rent totaling $4650. What legal steps do I have to take in NC in order to collect the past due rent, $4650, they owe me ? Am I correct in saying that I need to know their current home address in order to pursue these legal steps ? I have thier phone numbers, email addresses, and... Read more »
answered on Aug 8, 2022
When you get a final court order, it will likely contain a judgment against your tenant for the amount owed. If they are living in a different county, you will need to transfer that judgment to the new county.
With that being said, the overwhelming majority of tenant judgments never get... Read more »
answered on Jun 29, 2022
The inmate may have their PoA on file at the local register of deeds, however, most PoAs are not recorded unless necessary. Additionally, it is very likely that no PoA exists for the inmate. The only way to know for sure is to ask the inmate themselves.
I found about $35 non-compliance fee per month charge for not providing a current renters insurance policy to my landlord. They charged me $70 for 2 months despite me having insurance. I discovered that they have a copy of my current policy and so far I only received $35, but will potentially... Read more »
answered on Jun 15, 2022
You are asking a hypothetical question. Typically a property management company would not submit this kind of thing to a credit bureau until after you move out because they would simply take the fee out of your security deposit.
Assuming that the landlord reports a debt of $35 plus late fee... Read more »
Our landlord ended our lease/evicted us during an argument giving us a 60 day notice and with his unpredictable behavior we would like to be sure we get our security deposit back in full.
answered on May 15, 2023
Ideally, you should videotape the entire inside of the premises shortly before departing and returning your keys to the landlord so you can prove there are no damages to the premises for which you are responsible under the terms of your lease.
I was late for april rent and tried to pay april rent yesterday. She told me she cannot accept it unless i pay april and may. Then she stated that this policy is in the lease. When I asked her to show me the lease she would not and only said that it is in there. Can she legally do this even if the... Read more »
answered on May 8, 2023
Under certain circumstances, a landlord is allowed to refuse past due rent payment, even when the lease doesn't reserve the right to do so. You should consult with a knowledgeable attorney about your rights and options.
answered on Apr 10, 2023
It would be pretty difficult to answer your question without additional information. For example: What role do you play in the scenario? Whose SSNs would you be sharing? What's the purpose for sharing the SSNs? What kind of app? Etc.
You might try reposting your question with more... Read more »
This involves a verbal rent agreement with Landlords wife, who died in January 2020. Need advice on eviction.
answered on Aug 19, 2022
Go to the magistrate/clerk's office and file for summary ejectment. This is a very common fact pattern.
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