Lawyers, Answer Questions  & Get Points Log In

North Carolina Landlord - Tenant Questions & Answers

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.

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

Q: I never signed a lease agreement. Can the landlord file legal actions against me?

I never signed a lease agreement and was living in an construction site for the year I was there. Under the impression that the landlord would work on house, and that never happened. I brought to her attention that I would be moving out. Now months later she threatening to file legal against me.... Read more »

Paige Kurtz answered on Nov 10, 2017

Leases do not have to be in writing to be valid, unless the term exceeds three years. If the landlord does pursue you for payment of rent, you may have defenses if the landlord did not provide a habitable premises.

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

Q: The landlord for my business is refusing to provide me with a signed copy of my lease unless I pay him money. Legal?

We had a signed lease in place with our names listed and requested, at discretion of the ABC commission that our LLC be added to the lease as well. Our landlord drew a handwritten line on the lease as a place for the LLC to sign, no other modifications were made. Now he is refusing to give us a... Read more »

Paige Kurtz answered on Nov 8, 2017

No. The landlord should provide you with a copy of the signed lease. Unless there is some provision in the lease that allows him to charge a fee for modifications to the lease, the fee would not be appropriate. Also, if it is not in the lease, it was not agreed to prior to the modification, so it... Read more »

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

Q: As a landlord can I deduct late fees from a renter's security deposit?

A renter recently moved out and although their monthly rent was current, they were habitually late making payment and had written several bad checks. I asked on numerous occasions for late fees and return check fees but none were ever paid. Can I now deduct those fees from the security deposit?... Read more »

Paige Kurtz answered on Nov 8, 2017

Yes, late fees are allowed to be charged and deducted from the security deposit.

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

Q: How long after vacancy does a landlord in Nc have to send you a bill for damages or what they believe you owe?

F. Paul Maloof answered on Oct 24, 2017

I practice law in Virginia. You need to contact a lawyer in NC to ask your question.

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

Q: My LLC signed lease assumption (NC). Previous owner stayed as guarantor. What personal liability do i carry for lease?

I purchased the assets of a business in Wake forest NC. The owner mis represented the revenue of the business and i realized quickly that i may not be able to pay the rent. My LLC assumed the lease, with me as the acting member. Do i carry any personal liability if my LLC is unable to fulfill... Read more »

Paige Kurtz answered on Oct 2, 2017

Generally, you would not be personally responsible for the debts of the LLC. Piercing the corporate veil is the way that you get behind the LLC to individual members. There are many factors that determine whether the veil can be pierced. Co-mingling is one, inadequate capitalization, failure to... Read more »

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

Q: If I let a friend move into my home,(i am not putting her name on anything) what do I need to do if it doesn't work out?

Can I legally just ask her to leave?

Cameron Lambe answered on Sep 25, 2017

It will depend on whether or not she pays rent or any utilities. If she does, it may be construed as her actually having a lease, even if there is not one in writing. Leases are a tricky area of the law, and if you have any concerns, it would be best to consult an attorney about the specifics of... Read more »

2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for North Carolina on

Q: What kind of lawyer do I need?

Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother or... Read more »

Will Blackton answered on Sep 25, 2017

You can't effectively evict someone verbally in North Carolina.

You should contact a lawyer who specializes in landlord-tenant and eviction issues.

Search through the find a lawyer directory on this website or contact the NC Bar Association Lawyer Referral Service:...
Read more »

View More Answers

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

Q: In NC can an owner of a leased home ask the tenant to leave before the lease is up? If so, what is the notice time frame

Cameron Lambe answered on Sep 16, 2017

The notice requirement will vary depending on the terms of the lease. Many leases include a provision stating that a breach of the terms of the lease permit the landlord to file for possession of the home. Many also include a provision stating the notice requirements. If you have questions about... Read more »

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

Q: My tenant has a lease with us until Feb 2018. We told them we were putting the house on the market

in the end of July 2017 and it was listed by Mid August. They decided to move out at the end of August 2017. I believe they technically gave us 30 days verbal notice. We planned on giving them 30-45 days notice when we got an offer. Do we technically owe them their security deposit because they did... Read more »

Cameron Lambe answered on Sep 6, 2017

In general, the terms of your lease agreement will control. Your lease should provide the requirements that must be satisfied to end the lease, whether at the end of a term or upon the happening of other conditions that you establish.

While a security deposit may be held for nonpayment of...
Read more »

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

Q: Can i take a small claims case out on my landlord for reimbursement on utility's that are was not my fault.

A small water line broke which caused our bill to be almost $300 he did fix it a week later and my central air unit wasnt working took 2 1/2 months to fix my bill is close to $600 for 1 month. Our average water bill is $30 a month and a little less than $300 for electric. I have had to use my... Read more »

Paige Kurtz answered on Aug 30, 2017

If the landlord is in breach of your written lease, then a small claims action is appropriate for any damages that you believe you have suffered.

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

Q: How can I evict when my tenant is late every month? She always catches up when I give her the pay or quit 10 day notice.

Lease states rent is due on 1st. 10-day grace period is allowed. On the 11th day, we send a pay or quit in 10 days notice certified mail. She emails stating that the check is being mailed. It ends up being post marked on the last of the 10 day notice. She has emailed stating that she would have the... Read more »

Cameron Lambe answered on Aug 29, 2017

The terms of the lease agreement will control. If you are using a lease modeled after the AANC recommendations, the lease agreement should include a provision that you, as the landlord, are not required to accept a late payment. Without having more detail about the terms of the lease and the... Read more »

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

Q: I'm a renter in North Carolina. The home I rented wasn't insured.

I was told by the Fire Marshall that my landlord didn't have property insurance and I didn't have renters insurance. I lost everything in the Fire. Can I go after the landlord for not having insurance?

Paige Kurtz answered on Aug 25, 2017

Unless there is a written provision (which would not be typical) in the lease that requires the landlord to insure your property, it is your responsibility to maintain renters insurance. The landlords insurance would only cover the landlord's property.

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

Q: How many days do i have to move if my lease ends at the end of the month?

Paige Kurtz answered on Aug 16, 2017

You have until the last day through which you have paid rent. If you paid rent for August, then August 31, 2017 is likely your last day that you are legally entitled to possession.

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

Q: My landlord sold the property and I did not sign a new lease at the beginning of the yr. Can I get evicted?

Like if I'm behind on rent and I didn't resign my lease what can the new landlord do

Will Blackton answered on Aug 10, 2017

If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not paid... Read more »

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

Q: Can a tenant edit/prepare a new rental lease after the old one expires

Paige Kurtz answered on Aug 7, 2017

There is no reason why a tenant can't draft a lease and present it to the landlord for signature.

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

Q: my signed contract says i have to give 30 day notice to exit a month to month lease, which is longer than NC state 7 day

can i challenge this apartment lease clause in court?

Cameron Lambe answered on Aug 3, 2017

A lease contract typically governs the responsibilities of each party. The lease can add requirements in addition to what may be set as a minimum by state law so long as it does not contradict the legal requirements. If the terms of your lease require a 30 day notice, it is likely a enforceable... Read more »

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

Q: I owned the building in which a family member ran a daycare. Never require her to pay rent. How do I get her out now?

We need to rent to another daycare.

Paige Kurtz answered on Jul 26, 2017

You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.

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

Q: Is it legal for my landlord to raise my rent when I already signed my year lease two months ago?

Paige Kurtz answered on Jul 18, 2017

The landlord can only raise the lease as allowed by the written lease. Typically, in residential leases, the rent is set for the term, but contracts can always allow for the rent to be modified. If there is nothing in the lease that allows for this, then the rent should stay as is.

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

Q: We signed a 2 year lease, we have been her 8 weeks. Now our landlord is selling the house, can we stay if it sells?

Landlord may terminate tenancy at expiration of initial term by given written notice 60 days prior to the exp date of initial term.

Paige Kurtz answered on Jul 13, 2017

You have the right to occupy the house until you are given notice to vacate the premises. Assuming your lease is still in effect when the house sells, the new owner may simply give the notice of termination of the lease and you would be required to leave.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.