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North Carolina Landlord - Tenant Questions & Answers

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 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 answered on Apr 15, 2019


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 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 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 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 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 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 have to,... Read more »

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 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 is...
Read more »

1 Answer | Asked in Landlord - Tenant, Probate, Business Law and Estate Planning for North Carolina on

Q: Do I have rights to my dead father's storage building, if someone else is on the lease?

Amanda Bowden Houser answered on Jan 31, 2018

If you mean a rental storage unit then you may have rights to the contents if they were his and left to you in a will or otherwise inherited. If you mean it was his storage building but is currently leased to someone, then you would have to negotiate with the leaseholder or wait until the lease... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on

Q: How can we get access to a deceased brother's (owned by him) mobile home on someone else's land (ex-inlaw relatives)?

I live in FL; brother died in NC. I'm unable to travel. Brother owned mobile home which sits on property he rented ($100 mo.) from niece of ex-mother-in-law. She and husband have denied access to road they own leading to brother's home. Friend of brother needs to access mobile home to find... Read more »

Andy Wayne Williamson answered on Jan 30, 2018

You need to post your question under the North Carolina section of Justia, as the property is located there.

Good Luck,

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on

Q: My wife and I are divorced. we have written signed agreement that she would be responsible for paying the remaining

money owed on a rental. She didn't. now the landlord has taken it to small claims court and I am on the summons. Will the written agreement free me being liable for the money owed?

Paige Kurtz answered on Jan 26, 2018

The agreement between you and your wife does not absolve your responsibility to the landlord as the landlord was not a party to the agreement and did not agree to release you from the obligation. However, if you have to pay the landlord or incur that liability, then that would be a breach of the... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on

Q: If I pay over half my rent on the due date and then give the rest 2 weeks later can my LL still charge me a late me?

Paige Kurtz answered on Jan 25, 2018

More than likely, yes, the landlord change charge a late fee, but it would depend on the terms of your written contract. Most, if not all, leases provide that the entire rent payment is due on a particular date. If it is not paid in full, then you are not in compliance with the contract and a late... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on

Q: Can I as the mother not married to father have legal right to the house if it's not in my name but I have custody

We have been together 11 years

Amanda Bowden Houser answered on Jan 19, 2018

If you aren't married any rights you have to property will need to come from somewhere other than your status as a mother who has custody of children.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on

Q: My dad died. So my sister and me get his land and trailer. I want to sell my half but she won't agree. What do I do?

Amanda Bowden Houser answered on Jan 12, 2018

Make her buy you out. If she refuses see an attorney.

1 Answer | Asked in Landlord - Tenant for North Carolina on

Q: When a new property management takes over rental property, is old lease null & void! Don't they have to get a new lease

Wouldn't it automatically be month to month unless new property management gets you to sign a new lease when they take over?

Paige Kurtz answered on Dec 28, 2017

No. The new company takes over the property subject to the existing leases. The leases can be terminated by either party as provided for in the written lease.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Landlord - Tenant for North Carolina on

Q: Boyfriend chocked me twice and I'm pregnant we have a baby together already and lease is in my name I have no job

Lease is in my name and I'm not working to stay home with the baby, I want to get out of the situation but for him to only have contact for our children. I don't want him to serve jail time because of our children

Amanda Bowden Houser answered on Dec 14, 2017

You didn't ask a question but I assume to wnat options - if so, it is likely your options are:

1) to take out a DVPO and effectively put him out and figure out a way to pay your expenses or

2) you move out and figure out a way to pay your expenses and deal with any lease issues if...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on

Q: As a landlord, my tenant’s hot water tank broke and increased her bill. Am I responsible for her bill?

I replaced the hot water tank within 2 days after she notified me

Cameron Lambe answered on Dec 12, 2017

The short answer is that it will depend on your lease agreement. Many lease agreements contain provisions regarding maintenance and repairs that outline the responsibilities of each party. Often, these only require that the landlord be responsible for timely fixing written maintenance requests.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on

Q: What type of notice do I need for a NC eviction if my name isn’t on the lease but have paid steady rent for a year?

I pay the majority of my bills in cash, so her name ended up on the lease and utility bills. I have paid steady rent for over a year. She’s telling me to out so her close friend can live with her instead and has given me 60 days to do so, not 90.

Gregory L Abbott answered on Nov 30, 2017

The answer to your question depends upon the exact details, such as who do you pay your rent to? The master landlord? Or to your roommate? If to the roommate, then she may well be your landlord (likely in violation of her lease unless it is with her landlord's knowledge and permission). If she... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on

Q: Can a private landlord get out of the contract they have with a rental company to handle the renting?

Paige Kurtz answered on Nov 27, 2017

You will need to review the terms of your contract with the rental company. More than likely it has provisions in it regarding how and when the contract may be terminated. It should also tell you what kind of notice must be given.

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