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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Probate, Business Law and Estate Planning for North Carolina on
Q: Do I have rights to my dead father's storage building, if someone else is on the lease?
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 31, 2018

If you mean a rental storage unit then you may have rights to the contents if they were his and left to you in a will or otherwise inherited. If you mean it was his storage building but is currently leased to someone, then you would have to negotiate with the leaseholder or wait until the lease... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: How can we get access to a deceased brother's (owned by him) mobile home on someone else's land (ex-inlaw relatives)?

I live in FL; brother died in NC. I'm unable to travel. Brother owned mobile home which sits on property he rented ($100 mo.) from niece of ex-mother-in-law. She and husband have denied access to road they own leading to brother's home. Friend of brother needs to access mobile home to... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Jan 30, 2018

You need to post your question under the North Carolina section of Justia, as the property is located there.

Good Luck,

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: My wife and I are divorced. we have written signed agreement that she would be responsible for paying the remaining

money owed on a rental. She didn't. now the landlord has taken it to small claims court and I am on the summons. Will the written agreement free me being liable for the money owed?

Paige Kurtz
Paige Kurtz answered on Jan 26, 2018

The agreement between you and your wife does not absolve your responsibility to the landlord as the landlord was not a party to the agreement and did not agree to release you from the obligation. However, if you have to pay the landlord or incur that liability, then that would be a breach of the... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I pay over half my rent on the due date and then give the rest 2 weeks later can my LL still charge me a late me?
Paige Kurtz
Paige Kurtz answered on Jan 25, 2018

More than likely, yes, the landlord change charge a late fee, but it would depend on the terms of your written contract. Most, if not all, leases provide that the entire rent payment is due on a particular date. If it is not paid in full, then you are not in compliance with the contract and a late... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Can I as the mother not married to father have legal right to the house if it's not in my name but I have custody

We have been together 11 years

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 19, 2018

If you aren't married any rights you have to property will need to come from somewhere other than your status as a mother who has custody of children.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: My dad died. So my sister and me get his land and trailer. I want to sell my half but she won't agree. What do I do?
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 12, 2018

Make her buy you out. If she refuses see an attorney.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: When a new property management takes over rental property, is old lease null & void! Don't they have to get a new lease

Wouldn't it automatically be month to month unless new property management gets you to sign a new lease when they take over?

Paige Kurtz
Paige Kurtz answered on Dec 28, 2017

No. The new company takes over the property subject to the existing leases. The leases can be terminated by either party as provided for in the written lease.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Landlord - Tenant for North Carolina on
Q: Boyfriend chocked me twice and I'm pregnant we have a baby together already and lease is in my name I have no job

Lease is in my name and I'm not working to stay home with the baby, I want to get out of the situation but for him to only have contact for our children. I don't want him to serve jail time because of our children

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 14, 2017

You didn't ask a question but I assume to wnat options - if so, it is likely your options are:

1) to take out a DVPO and effectively put him out and figure out a way to pay your expenses or

2) you move out and figure out a way to pay your expenses and deal with any lease...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: As a landlord, my tenant’s hot water tank broke and increased her bill. Am I responsible for her bill?

I replaced the hot water tank within 2 days after she notified me

Cameron Lambe
Cameron Lambe answered on Dec 12, 2017

The short answer is that it will depend on your lease agreement. Many lease agreements contain provisions regarding maintenance and repairs that outline the responsibilities of each party. Often, these only require that the landlord be responsible for timely fixing written maintenance requests.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: What type of notice do I need for a NC eviction if my name isn’t on the lease but have paid steady rent for a year?

I pay the majority of my bills in cash, so her name ended up on the lease and utility bills. I have paid steady rent for over a year. She’s telling me to out so her close friend can live with her instead and has given me 60 days to do so, not 90.

Gregory L Abbott
Gregory L Abbott answered on Nov 30, 2017

The answer to your question depends upon the exact details, such as who do you pay your rent to? The master landlord? Or to your roommate? If to the roommate, then she may well be your landlord (likely in violation of her lease unless it is with her landlord's knowledge and permission). If... Read more »

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
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
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
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
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
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
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
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... Read more »

Will Blackton
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 »

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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
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
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 »

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