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North Carolina Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Can I sue my former apartment management company if they have headquarters in other states, and not mine? I live in NC.

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.

N'kia (NLN)
N'kia (NLN)
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...
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2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Can I sue my former apartment management company if they have headquarters in other states, and not mine? I live in NC.

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.

James L. Arrasmith
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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

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2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Is a landlord responsible to pay for relocation fees (such as a hotel) unexpectedly?

Our microwave, air fryer, stove, and oven doesn’t get hot, the fridge isn’t working, oven beeps and says bad power line when we turn a singular light on. The lights flicker bad, or don’t come on etc. This is because of unkept maintenance, it’s an old apartment complex… and I’m assuming... View More

N'kia (NLN)
N'kia (NLN)
answered on Oct 19, 2023

In North Carolina, a residential landlord must keep the premises in a fit and habitable condition. A landlord who fails to do so could be liable to its tenant for "rent abatement" and/or expenses (such as costs of alternative living arrangements). A landlord who charges rent for property... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: What laws cover a Landlord signing a lease in bad faith knowing there are hidden problems with the property?

I have signed a one year lease (now about 8 months in ) and there is a documented reoccurring leak from my upstairs neighbor's bath tub waste water line into my kitchen. There is record of this same leak from last 2 tenants. They keep putting fresh drywall over without fixing the leak.

N'kia (NLN)
N'kia (NLN)
answered on Oct 9, 2023

North Carolina law requires that residential rental property be safe and "habitable." There is no law requiring that property be perfect. Also, a landlord's failure to disclose past repairs doesn't automatically equate to "bad faith." But if you believe your landlord... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My lease expired 4 years ago. I gave 7 days notice I am moving. Do I owe 30 days notice.In North carolina
Ben Corcoran
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Ben Corcoran
answered on Sep 25, 2023

Depends on several factors if your prior lease was written then it was renewed on a month-to-month basis using the same terms as your prior lease and if it required 30 days then you would likely be bound by it. If it was oral then your 7-day notice was fine.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I gave the appropriate notice for vacating my apartment, can I be charged a reletting fee?

I was living in an apartment in Raleigh, month to month, and the apartment required 60 day notice for vacating the apartment. I gave them this notice, but after I left, I was charged $1000 for a reletting fee. Can they do that even though I gave then the appropriate notice?

N'kia (NLN)
N'kia (NLN)
answered on Aug 31, 2023

Generally, a month-to-month tenant isn't responsible for paying a "reletting" fee if they give proper notice of termination. The purpose of giving advance notice, literally, is to give the landlord time to find a new tenant.

However, "60 days" can be interpreted...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: The check they sent for my rental deposit bounced and I accrued a bank fee. When should a lawyer get involved?

It took three months after I moved out to get the original check (supposedly due to change of management). After that check bounced, they claimed they were sending a replacement. It has now been another two months without my deposit.

Ben Corcoran
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Ben Corcoran
answered on Aug 11, 2023

Your lease agreement should anticipate bounced checks and specify how it is cured. If it doesn't, you should probably have a lawyer look over your lease and explore drafting a new one.

For the present situation, I would send the tenants a bill for the deposit plus the amount of bank...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a NC landlord gie me a 30 day notice to move due to renovations?

Hi, my landlord gave me and another tenant a 30 day notice to move. We were not behind on rent or did anything to have any problems. He has not asked anyone else in the building to move but us. I am currently invading on my daughters space, because I was not able to find a place. I don't... View More

N'kia (NLN)
N'kia (NLN)
answered on Aug 9, 2023

In North Carolina, a residential rental relationship may be "month-to-month." Generally, that means that either party can terminate the tenancy with at least 30 days' notice. Although a landlord must have a reason for an eviction, this wouldn't be considered an eviction. It... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I have moved out and my landlord is asking me to pay for re-painting the walls for the stains, and is not mentioned in l

Its not mentioned in the lease to pay for repainting. The stains on the walls are caused by dirt over time and has not caused any damage to the walls.

T. Augustus Claus
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answered on Jul 21, 2023

In North Carolina, the landlord is typically responsible for normal wear and tear maintenance, including repainting the walls due to normal use and aging. If the stains on the walls are a result of ordinary use and have not caused any damage beyond what would be considered normal wear and tear, you... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: CAN AN APARTMENT COMPLEX MAKE YOU MOVE OUT FOR MAKING COMPLAINTS AGAINST NEIGHBORS
T. Augustus Claus
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answered on Jul 11, 2023

It is illegal for an apartment complex to retaliate against a tenant for making legitimate complaints against neighbors. Retaliation can include actions such as eviction or lease termination solely in response to a complaint.

If you believe you are facing retaliation for making complaints...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I go about reporting or suing for NEGLIGENCE, emotional distress, and for EVERYTHING I paid for in order to PROVE

That there is mold... the apartment upstairs flooded mine the week I was suppose to move in. The flood pushed my move-in date back 1 week. The property manager does not link the mold to the flood.

T. Augustus Claus
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answered on Jul 5, 2023

To address negligence, emotional distress, and prove the existence of mold in your North Carolina landlord-tenant situation, document the issue with photographs and records, notify the landlord in writing, request inspections, and consult with a tenant's rights attorney for further guidance on... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: how long does someone have to move their stuff after eviction notice is issued
Ben Corcoran
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Ben Corcoran
answered on Jun 22, 2023

After the sheriff has evicted the person, the soonest that the personal possessions can be presumed to be abandoned is 10 days after a notice has been posted. Generally speaking, the tenant is allowed to come back onto the property under supervision and retrieve their belongings. The landlord... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My Landlord is selling the house I rent, is he allowed to let people just walk through the house without 24hr notice?

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?

N'kia (NLN)
N'kia (NLN)
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... View More

2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Being evicted NOT due to non-payment or illegal activity

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?

N'kia (NLN)
N'kia (NLN)
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... View More

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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is my girlfriend allowed to bring her emotional support dog into my apartment

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

John Michael Frick
John Michael Frick
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,... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord charge for light bulbs and smoke detector batteries?

Took those costs out of security deposit

Will Blackton
Will Blackton
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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Options for tenants when apartment complex allows violations of local Town noise ordinances.

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... View More

N'kia (NLN)
N'kia (NLN)
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... View More

1 Answer | Asked in Small Claims, Landlord - Tenant and Libel & Slander for North Carolina on
Q: If I was falsely accused of illegal activity and slandered upon is that illegal?

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... View More

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I live in North Carolina and in a bad relationship with my girl friend and would like to get out of it

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... View More

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I establish a trust account to hold tenant deposit money in North Carolina?
N'kia (NLN)
N'kia (NLN)
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... View More

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