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.
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... View More 
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.
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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
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
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
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.
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
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.
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?
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... View More
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.
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... View More
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
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
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.
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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
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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... View More
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.
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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
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
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... View 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... View 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,... View More
Took those costs out of security deposit
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
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