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North Carolina Landlord - Tenant Questions & Answers
Q: Is it legal for hotel housekeeping to enter my room, after me clearly stating to them I didn’t need housekeeping?
James L. Arrasmith
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answered on Dec 23, 2024

In most jurisdictions, hotel staff have the legal right to enter your room even if you decline housekeeping, primarily for security and safety reasons. This right is typically outlined in the hotel's terms of service that you agree to when booking.

However, hotels should follow proper...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My car was towed in the middle of the night. They want $300 and it was towed for no pass but I’ve not been given a pass

Should I go after the property for the funds? Doubt they’ll pay I’m still seeking an attorney for the mold here.

James L. Arrasmith
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answered on Mar 26, 2024

If your car was towed due to the absence of a parking pass that you were not provided with, it's important to address this issue directly with your property management. Document your communications and ensure that you have written evidence of your attempts to resolve the issue, such as emails... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it better to go to small claims court or use a collection agency to recover unpaid rent

Tenant moved out and didn’t pay last month’s rent and damages, and refuses to pay although she originally agreed to pay at the end of the month.

James L. Arrasmith
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answered on Mar 26, 2024

Deciding between small claims court and a collection agency to recover unpaid rent and damages depends on various factors including the amount owed, your personal resources, and your patience for the process. Small claims court can be a direct method where you represent yourself and argue your... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a landlord demand my boyfriend to show proof of his residence and called him an unauthorized guest, my lease no rene

I had his auto insurance and bank statement from his residence and she added my lease wasn't going to be renewed. We spend a lot of time together over a year now. I feel targeted not only by the landlord but the residents here at the apartment complex. What rights do I have?

James L. Arrasmith
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answered on Mar 26, 2024

In many locations, landlords can set terms about guests and residency in their lease agreements. If your lease specifies limits on long-term guests, your landlord may request proof of your boyfriend's primary residence to ensure compliance with the lease. It's important to review your... View More

2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Is a landlord responsible to pay for relocation fees (such as a hotel) unexpectedly?

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

N'kia (NLN)
N'kia (NLN)
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

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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: What laws cover a Landlord signing a lease in bad faith knowing there are hidden problems with the property?

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.

N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My lease expired 4 years ago. I gave 7 days notice I am moving. Do I owe 30 days notice.In North carolina
Ben Corcoran
Ben Corcoran
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.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I gave the appropriate notice for vacating my apartment, can I be charged a reletting fee?

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?

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do you sue a landlord for wrongful eviction in Mecklenburg County?

About $20,000 of business property has been removed from my rental space. I’m late on my July rent and only received a notice from the landlord’s attorney about paying the past due amount. A formal criminal police report was filed on 8/20/2023.

Ben Corcoran
Ben Corcoran
answered on Aug 21, 2023

Hire an attorney; this amount is too large for small claims court, and I would not recommend representing yourself in district court.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: The check they sent for my rental deposit bounced and I accrued a bank fee. When should a lawyer get involved?

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.

Ben Corcoran
Ben Corcoran
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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a NC landlord gie me a 30 day notice to move due to renovations?

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

N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I have moved out and my landlord is asking me to pay for re-painting the walls for the stains, and is not mentioned in l

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.

T. Augustus Claus
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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

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: In NC, can a property management co. (landlord) require renters to buy renters insurance from one & ONLY one ins. co.?
Ben Corcoran
Ben Corcoran
answered on Jul 12, 2023

No, they can recommend but not mandate.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: CAN AN APARTMENT COMPLEX MAKE YOU MOVE OUT FOR MAKING COMPLAINTS AGAINST NEIGHBORS
T. Augustus Claus
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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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I go about reporting or suing for NEGLIGENCE, emotional distress, and for EVERYTHING I paid for in order to PROVE

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.

T. Augustus Claus
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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

1 Answer | Asked in Foreclosure, Land Use & Zoning, Landlord - Tenant and Probate for North Carolina on
Q: Can I claim the more left of from foreclosure if the loan was in my husband's name but deed was in mine?

My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason... View More

Ben Corcoran
Ben Corcoran
answered on Jun 29, 2023

Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for North Carolina on
Q: Can a landlord be liable for a dog bite purely because of dog breed and no other signs of aggression?

My landlord does not restrict breeds of dogs. They do require pet owners to fill out a pet profile and the dog goes through 'screening' to ensure it is safe. But I was still bitten by a pitbull in the complex. Can I sue my landlord for allowing an aggressive breed in the community even... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Probably not, and pitbulls aren't considered to be an unusually aggressive breed toward humans.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: how long does someone have to move their stuff after eviction notice is issued
Ben Corcoran
Ben Corcoran
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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Can our landlord coming to our rental every single day to use our water and invade our privacy?

we are private people. I don't want this guy to come to my house every day and use our water and water the grass and our flowers?? I am so very unvomnfortable. Do I have any rights?

Ben Corcoran
Ben Corcoran
answered on Jun 7, 2023

While the landlord is allowed to inspect the property, they are not supposed to use the property while you possess it via the lease. I would have to review the lease to ensure it is not allowed, but I don't think they should do this.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I get a letter from my landlord stating one thing, but they verbally say another, is that legal?

My rent is due by the fifth, and I have always been on time or early. This month I was slightly late and was going to pay it on the sixth. I received a letter in my email very early in the morning on the fifth stating that rent is late but if I paid it before the ninth I would receive no fees. When... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

You have a valid argument that the email constitutes a written waiver by the landlord of its right under your lease to charge the $40 late fee as long as you paid before the 9th.

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