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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for North Carolina on
Q: Is my landlord allowed to double lease part of our land to another party without notice?

We have lived in our current home for 6 years, recently an acre of our property has been leased out to another party for their horse. We didn't find out intil there were already fence posts in, when asked, the people putting up the fence said that our landlady was leasing the property to them... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 19, 2021

I or any of the lawyers on here would have to read your contract to be able to advise you on this matter.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My family members are renting a house in North Carolina.

My daughter has moved most her belongings into the house and now she’s been told that the landlord daughter is moving in not my daughter .They had a verbal agreement and were supposed to finalize and sign contract next week.We have cleaned the house inside to get ready and was told it was ok to... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 26, 2021

Unfortunately, since there is no signed contract, the verbal agreement is not enforceable. Try to work out something with the landlord to get a few more days time in exchange for the time and labor expended cleaning up the house.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Tenant lawyer needed

Told roommate I was moving out in 10 days, because of the hostile living conditions created by himself and one other roommate. I refused to stay there in those 10 days following because of how intimidating, negative, and all around abusive behavior directed towards me. I am sure it was all for the... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 25, 2021

Google lawyers in the area or use the find a lawyer function on this site.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Month-to-month tenant how long you have to give your landlord notice that you're moving
Ben Corcoran
Ben Corcoran answered on Feb 12, 2021

by statute 7 days before the end of the lease term, but it can be extended by your particular lease. If your lease requires more than that I would go with your lease's provisions.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can I withhold my rent from my landlord for a water leak? Which started 8days ago.

I identified the leak on 23 Jan, 24 jan woke up to no water for the first half of the AM. Contacted the property manager (PM) 25Jan and water dept. Water dept confirmed a leak. 25Jan let PM know there is a leak an my water pressure is very low . They schedule a plumber for 28Jan. They send someone... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 1, 2021

In NC the duty to pay rent is separate from the landlord's duty to repair. You still need to pay rent, and you need to sue the landlord to get a reduced rate for the time the leak was present.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: I am letting people use a building for church. Should I have insurance on it and if not who is responsible for accidents
Ben Corcoran
Ben Corcoran answered on Jan 18, 2021

Insurance is a choice unless the land is mortgaged and then it is normally contractually required. As to who may be responsible, this sounds like you do not have a formal lease in place. I highly recommend having the church sign a formal lease and specifying in that lease the parties'... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: We've sub-let part of our rented home to another person, can we evict her if she refuse to vacate when contract ends?
Ben Corcoran
Ben Corcoran answered on Jan 13, 2021

Provided that you were allowed to sub-let in your contract with your landlord, then yes, once your lease with your tenant expires, you can evict her.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I got an email stating my lease will not be renewed and I must be out in 30 days. They want to remodel.

Is the legal during the pandemic?

They still expect me to pay this month's rent and have a deposit & first months rent in 30 days for another place. Is there any protection during COVID-19 at this time for tenants?

Ben Corcoran
Ben Corcoran answered on Jan 4, 2021

There is nothing that requires your landlord to renew your lease in any of the pandemic laws. Unfortunately, there are little to no protections for tenants whose lease has expired.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: When landlord sales property and has given tenant written notice to vacate (30) days,and tenant refuses to vacate what

What can be done

Ben Corcoran
Ben Corcoran answered on Dec 30, 2020

Depending on the lease, the new Landlord can then file for eviction after the 30 days expires. I would have to review the lease to answer this question with more specificity.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I evict my nephew from my home for not paying rent in a year?

He was wanting to purchase the property and at one time I had considered it but have changed my mind it is the only thing I own. He is aggressive and says we had a verbal agreement. Is that a binding agreement I never gave him exact amount or had it appraised.

Ben Corcoran
Ben Corcoran answered on Dec 29, 2020

I would have to speak with you about what the verbal agreement may have been, but if you want to evict go down to the local magistrate's office and file an eviction. Speak to a local lawyer to get a better answer about the verbal agreement and eviction options.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord won’t renew my lease and tryin to bribe me with a uhaul and hotel to move in two days

I have it on recording wat do I do

Ben Corcoran
Ben Corcoran answered on Dec 29, 2020

Your landlord is likely under no obligation to renew your lease. If they are unwilling to renew I would probably accept the offer of a Uhaul and hotel and find a new place to live.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My husbands phone conversation was recorded by the renter of our rental property without his knowledge. Is this legal ?

The conversation was about their refusal to pay rent and after the call ended he texted my husband that he recorded the conversation. Can that be used against us when we evict ?

Paige Kurtz
Paige Kurtz answered on Dec 21, 2020

Yes it is legal in North Carolina to record a conversation as long as one party knows its being recorded. It certainly could be used in any court proceeding.

1 Answer | Asked in Personal Injury and Landlord - Tenant for North Carolina on
Q: How could I find out if my lawyer filed my case or not
Tim Akpinar
Tim Akpinar answered on Dec 17, 2020

A North Carolina attorney could answer best, but your question remains open for a week. The most straightforward way is to simply ask your attorney. When I file suit, I give clients a copy of the summons and complaint for their records. Depending on the court system involved, it's possible... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I.rent a house that has a storage building about 50 yards from the house my landlord want 200 extra dollars for rent so

I cannot afford 1000 rent fir the house and 200 for the building my problem is he and his friend hang out in the building almost everyday its drug u g me crazy is this legal

Ben Corcoran
Ben Corcoran answered on Dec 3, 2020

It depends on your lease, but it definitely sounds like your landlord may be violating your right to quiet enjoyment. Go see a local lawyer and have them review the paperwork and give you their opinion of your options.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can I break a lease without penalty based on landlord's false representation of the house?

My family moved to North Carolina from West Coast. We signed a lease after looking at photos and description on Zi****.com but when we arrived almost every wall inside the house was spot painted. Landlord offered to repaint the house which we really appreciated but our family would had to stay in a... Read more »

Ben Corcoran
Ben Corcoran answered on Dec 2, 2020

Without reading your lease and the communication prior to the signing of the lease I cant give an opinion on your options. Take all of the related documents to a local lawyer and they can give you your options.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I have 8 months left on my lease, can the landlord force me to move out early if he sells the house?
Ben Corcoran
Ben Corcoran answered on Nov 17, 2020

No, the new owners would be buying the house subject to your lease.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for North Carolina on
Q: I live in north Carolina and have been squatting at a fairly expensive home like 1.2million does that affect the claim?

It's a huge home that's not had any interest from potential buyers the entire decade I've been squatting there... although the powers always on and I've only had one encounter with the real estate agent that is employed by a company... I live in a little town where mansions are... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 17, 2020

You need to "squat" for a minimum of 20 years before you could bring an action to have the house transferred to your name.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Recently, my father granted a 1-acre lot with a house to myself and my two siblings. We learned that my father made a

verbal agreement with our cousin over five-plus years ago to live in the (questionable habitable) house rent-free. We are not interested in being landlords and very concerned about the habitability of the property. We would like assistance with the rights of both parties.

Ben Corcoran
Ben Corcoran answered on Oct 17, 2020

Under your scenario, provided that you are now the owners of the property you have the right to revoke your cousin's ability to live there. There is likely a very minimal landlord-tenant relationship, so I would give at least a 7-day notice and hope that your cousin agrees to moe out otherwise... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Does a landlord have to take separate eviction papers on each person over the age 18
Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2020

Yes all adult occupants should be joined and served. Minor occupants will usually go with their Parents. If all adults are not known, serve the unknown parties as "Occupant".

2 Answers | Asked in Landlord - Tenant, Collections, Municipal Law and Small Claims for North Carolina on
Q: A tenant defaulted on rent and abandoned an office in NC. Their HQ is in GA. Can I use small claims court in NC to sue?

The abandoned office is in Charlotte NC and was their only NC office. There is nobody here to receive the summons. Their HQ is in GA, where we know the summons will be received. I tried to file but the small claims clerk led me to believe that serving the HQ in GA would be problematic and out of... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 2, 2020

You cannot file in small claims court if the defendant is not a resident of the same county. Your only option is the district court, sorry.

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