Get Free Answers From Experienced Lawyers!
Have a Legal Question?
Lawyers, increase your visibility by answering questions and getting points.
Answer Questions
North Carolina Landlord - Tenant Questions & Answers
Q: What are my rights in a rent-to-own eviction situation?
I entered a rent-to-own agreement for a house in 2007 in North Carolina. Recently, I discovered that the landlord has put the house in his wife's name and took out a loan against it. Our contract lacks specific terms, only stating the remaining amount owed, and I have made all payments as... View More 
Christopher Adkins
answered on Nov 10, 2025
answered on Nov 10, 2025
In North Carolina, your rights depend on the details of the rent-to-own agreement and how it was structured. If you have made payments toward ownership and the seller accepted them, you may have an equitable interest in the property. The landlord can’t simply evict you like a tenant without... View More
Q: Is my landlord's deduction of cleaning fees from my security deposit legal in NC?
I vacated a rental property in North Carolina on August 15th, 2025, and received a notice about deductions from my security deposit on October 22nd, 2025. There was no communication from my landlord regarding the deductions until I reached out on October 17th. The lease agreement states that... View More
Christopher Adkins
answered on Nov 10, 2025
answered on Nov 10, 2025
You are correct that under North Carolina law (N.C.G.S. § 42-52), a landlord must either return the security deposit or provide a written itemized list of deductions within 30 days after you move out. If more time is needed, the landlord must still send an interim notice within that 30-day period... View More
Q: Given that we filed a Superior Court civil lawsuit before the defendants executed eviction, the property has been in for
1. Superior Court lawsuit filed BEFORE summary ejectment → strengthens claims, may affect eviction defenses.
2. Foreclosure/default since Nov 2024 → challenges defendants’ legal standing to evict.
3. Dustin’s testimony → shows ambiguity in authority; strengthens wrongful... View More
Christopher Adkins
answered on Nov 10, 2025
answered on Nov 10, 2025
If you filed a Superior Court civil lawsuit before the eviction, that timing can help your case. In North Carolina:
Filing the civil lawsuit first may give you stronger grounds to argue that the eviction was improper or premature, especially if your claims relate to the same property or... View More
Q: Is it legal for an apartment complex to add a mandatory internet/cable fee upon lease renewal?
I am concerned about a mandatory fee of $110 for internet and cable that my apartment complex is adding upon lease renewal. This fee was not included in my current lease, and it artificially increases my rent. I have my own internet service, and they are requiring me to change providers, which... View More
Lynn Ellen Coleman
answered on Oct 24, 2025
answered on Oct 24, 2025
Unfortunately, there is nothing in North Carolina law that prevents a landlord from charging this fee - whether you use the service or not. The landlord is allowed to change the conditions of a lease upon renewal to add this kind of charge. You can choose not to accept the change, but you will have... View More
Q: Can we move without liability after lease termination by tenant leaving?
Four tenants originally signed a one-year lease in August in North Carolina. One tenant has since moved out, and the property manager declared the lease cancelled, removing the departing tenant from the agreement. We were sent a new lease for the remaining three tenants to sign. None of us have... View More
Christopher Adkins
answered on Oct 28, 2025
answered on Oct 28, 2025
Yes, if the property manager officially terminated the original lease and sent you a new one that you haven’t signed, then you’re not bound to stay or pay under a new agreement.
In North Carolina, a lease is a contract, and you’re only responsible for what you’ve actually agreed to... View More
2 Answers
| Asked
in
Landlord - Tenant, Domestic Violence, Criminal Law and Real Estate Law
for
North Carolina
on
Q: How to handle privacy invasion and assault by landlord?
I'm renting a room from my sister, and recently she and her boyfriend installed cameras above the room I’m renting, which is adjacent to a bathroom with a door that doesn’t close properly. The cameras rotate and invade my privacy, so I covered them with a cloth. Her boyfriend then barged... View More
Christopher Adkins
answered on Oct 16, 2025
answered on Oct 16, 2025
You’re describing both criminal and civil issues — privacy invasion, assault, and possibly an illegal rental arrangement. Here’s how to protect yourself and take proper legal steps:
File a criminal report immediately.
You’ve already called the police, but you should go to... View More
Q: Landlord not providing promised utilities for RV lot in NC, causing difficulties. What are my options?
I've been living on a rented RV lot for four months, and the landlord has failed to provide power and fix the water supply, as promised. I'm currently using a generator and hauling water in jugs, as there's no running water or septic system available. Although the landlord assured me... View More
Christopher Adkins
answered on Oct 2, 2025
answered on Oct 2, 2025
That sounds really frustrating — you’re paying rent but not getting the basics you were promised. In North Carolina, landlords have a legal duty to provide a livable place, which includes working water and electricity. If he hasn’t followed through, you should put your request in writing... View More
Q: How can I legally remove a squatter from my attic and address their unauthorized construction?
I've had a squatter living in my attic for two years who has built an apartment structure. I frequently hear them talking, especially on weekends and Wednesdays. The squatter has stolen food, clothes, house keys, and car keys from me. Despite having the fire department check, they... View More
PREMIUM
Anthony M. Avery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2025
Hire a NC attorney to file an action for possession. You personally may be able to file criminal theft charges also, but you will need personal knowledge. You may have to break open the locked area, but do not get in an argument or fight in doing so. Make sure you have fire insurance. Get... View More
Q: Can a hotel keep my belongings if I'm not responsible for a friend's debts?
I was staying at a hotel with a friend who was arrested and has an outstanding balance with the hotel. The hotel is now keeping my belongings, even though I am not responsible for my friend's debts. I've tried to retrieve my belongings, but they have not been returned to me. Can the hotel... View More
PREMIUM
Patrick A. Twisdale
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2025
In North Carolina, a hotel (or “innkeeper”) does have certain rights under state law to hold a guest’s property for unpaid charges through what’s known as an innkeeper’s lien. However, that lien applies specifically to the property of the guest who owes the debt. The hotel generally does... View More
Q: Negligence Civil case against property management at apartment complex?
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
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024
Lawyers, want to be a Justia Connect Pro too? Learn 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
Q: Can a landlord require you to let certain people live with you, who can and can’t live there? I’m permanently disabled
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
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024
Lawyers, want to be a Justia Connect Pro too? Learn 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
Q: I signed a lease, paid first months rent. I got the keys to the apartment, it wasn’t the fully renovated unit they said
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.
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Q: Is it legal for a landlord to issue a 5 day eviction notice via email and not file it through the court in NC?
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024
Lawyers, want to be a Justia Connect Pro too? Learn 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
Q: what is the eviction process for a no lease, no payment agreement between family? located in NC.
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
Ben Corcoran
answered on Apr 8, 2024
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
Q: Does a landlord need a police report to address issues with neighbors bullying or harassing me?
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
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024
Lawyers, want to be a Justia Connect Pro too? Learn 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
1 Answer
| Asked
in
Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant
for
North Carolina
on
Q: Am I covered
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
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024
Lawyers, want to be a Justia Connect Pro too? Learn 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
Q: Request for Legal Advice - Lease Dispute
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
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024
Lawyers, want to be a Justia Connect Pro too? Learn 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
Q: is there anyway to win in a eviction case with a month to month lease
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
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024
Lawyers, want to be a Justia Connect Pro too? Learn 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
Q: I am disabled and my daughter is my caretaker can she evict me and make me homeless
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024
Lawyers, want to be a Justia Connect Pro too? Learn 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
Q: Can I submit and file chapter 7 online in north carolina
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
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
