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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: In NC My landlord is requesting I not be home while he walks through and inspects. Do I not have a right to be present?
Ben Corcoran
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Ben Corcoran
answered on May 11, 2022

You have possession of the home, without reading your lease I strongly suspect that you have the right to be there whenever you want.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord start preparing a house to sell while lease is still valid and active?

Landlord told us May 1st they’re not renewing our lease and we have 30 days to vacate the property so they can put it on the market. They want the house cleaned and ready to list June 1st. Can they start the listing process while we’re still in the home with a valid lease? What rights do we... Read more »

Ben Corcoran
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Ben Corcoran
answered on May 11, 2022

They can start the process whenever they want, but you likely have possession through May 31st at 11:59. They could have sold the house with you still having a valid lease, and all that would have happened was that you changed landlords.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I'm unable to send a $10,000 tenant debt for collections b/c property manager refuses to disclose tenant information

I have a property in NC that was managed by a property manager. The previous tenant had to be evicted, and has a debt of $10,000. I'm no longer working with that property manager, and would like to send the debt for collections. The property manager refuses to disclose with me any personal... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jan 21, 2022

Generally speaking, most of your tenant's information should have been in the eviction file at the courthouse, which is public record. If your tenant was a business then their information should be on the NC secretary of states webpage. I would advise hiring an attorney in the county where the... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can LL still get 2 months rent when I break the lease if he is going to do a total remodel instead of re-renting?

The new apartment complex owners are not re-renting vacated units, they are totally remodeling them instead in order to get higher rent. Do I still need to pay 2 months rent to break my lease?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2022

If the penalty for breaking a lease is 2 months then you are responsible for two months unless you reach some alternate agreement with your landlord.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a Landlord evict you in the same month that you have paid your rent? Or do they have to give you 30 days to move out
Ben Corcoran
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Ben Corcoran
answered on Jan 18, 2022

It depends on what breach of the lease they are using as a basis for the eviction. If you paid fully and timely, then your landlord likely cannot evict you for failing to pay rent. However, they can still evict you for other breaches of the lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can my landlord cut my power off when he gets mad at me even though I pay the electricity bill in his name
Paige Kurtz
Paige Kurtz
answered on Nov 10, 2021

It is illegal for your landlord to cut off your power for nonpayment of rent or any other reason. You should seek assistance from an attorney regarding your lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My last landlord said they were selling the property as the reason they were not renewing with us. He didn't sell.

He raised the rent and rented to someone else. Is this legal?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 5, 2021

On 1 hand, at this point in time, why does it matter? Anyway, I assume you have a written lease and if the lease has provisions which allow the landlord to not renew the lease, then as long as he followed those provisions for non-renewal, then he's compliant.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do we get my brother in law to move out of our house? He never signed a lease. He's been with us 5 years.

He has paid rent the last two years. We told him last November that his deadline was August 2021. He hasn't left yet. We live in Florida.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 18, 2021

You are going to have to file a motion for summary ejectment, and one of you is going to have to come up to NC for the court date.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Eviction was executed today, only my husbands name is listed does the landlord need a separate eviction for me?
Ben Corcoran
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Ben Corcoran
answered on Sep 1, 2021

If both of you are on the lease then the likely answer is yes the landlord would have to evict you as well. As always you should take your documents to a local lawyer and have them review the documents to get a more complete answer.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord..If the rental lease expire aug 31 and no rent has been paid in 3 mos can I make the tenant leave

Even doing pandemic….there’s no contract/lease for September

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 25, 2021

You need to give them 7 days' notice that you will not be renewing their lease and they need to vacate as of August 31. If they are not out as of August 1, you can try pursuing summary ejectment, but check the second box on form AOC-CVM-201 which says "The lease period ended on the above... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for North Carolina on
Q: What are reasonable deductions to hold from a security deposit?

I have a tenant that is wanting security deposit back, we have itemized damages done to home by an animal and are not charging tenant for normal wear and tear. The tenant is being charged a move out clean because home was not cleaned. Animal ripped siding off of back of home tenant never replaced... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 4, 2021

NCGS 42-50 is the statute that requires the trust account for a deposit. There is no case law interpreting penalties for failure to comply. NCGS 42-51 outlines permitted uses of the security deposit and NCGS 42-52 outline your obligations. So long as you are passing along actual cost and not... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: What can I legally do with my ex boyfriend's belongings since he won't come get them?

I kicked my ex boyfriend out of my house 2 weeks ago. He left the majority of his belongings and no matter how many times I ask, he won't come get them. He also left a dog and a car. Obviously I will just have the car towed, but what can I do about the dog? Can I sell her? It was a free... Read more »

Kate Bowles Miller
Kate Bowles Miller
answered on Aug 2, 2021

If a guest in your home left his belongings, he has no legal right to reclaim them.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If a landlord sells a property, and the tenant is allowed to stay, can they collect their original security deposit?

I purchased a home in NC from a property management company. The house is rented and I’m allowing the tenant to stay. She informed me that the previous landlord will not return her security deposit. She is elderly and doesn’t seem able to navigate this issue herself. I’d like to know what... Read more »

Ben Corcoran
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Ben Corcoran
answered on Aug 2, 2021

The security deposit should have followed the lease, and since you purchased it subject to the lease then they should have transferred it to you. I would pursue it with the management company and demand that they turn over the deposit to you.

Even if that is not the case they have 30 days...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: landlord just put a for sale sign in yard with no reason never late

dont have anything never late in 5 yrs and she was helping find a home cause has restate company and we were just looking noe she putting house up for sale

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 7, 2021

The landlord can sell the home at any time during the lease, however, the new owners would be buying the home subject to the lease. I advise talking to your landlord about what is happening and seeing what sort of protections they are willing to offer you.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: is it legal for my landlord to give me 30 days to find another place to live because she refuses t repair water damage

from a leak that happened last year August? My lease is set to renew July 1st. I’ve asked them to repair the damage in my kitchen and they’re ignoring my requests. Instead she wants me gone in 30 days and I’ve been a long time renter for 8 years!!

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 22, 2021

Unless your lease contains a very unusual renewal provision they are absolutely within their rights to decline to renew the lease. Even with the facts you laid out, I would be very surprised if they would be required to renew your lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: landlord refused to fix a leak. now there is black mould everywhere. What can I do other than taking him to court

He threatened to kick me out cuz I keep asking him to take care of it.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 11, 2021

In NC you can talk to the local housing authority, and as long as you have properly notified your landlord of the issues they can step in. And your landlord is walking a fine line if they try and evict you after you reported issues to them.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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