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North Carolina Landlord - Tenant Questions & Answers
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

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
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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 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
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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 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
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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.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I protect myself from the landlord taking any of the security deposit when we have left the property?

Our landlord ended our lease/evicted us during an argument giving us a 60 day notice and with his unpredictable behavior we would like to be sure we get our security deposit back in full.

John Michael Frick
John Michael Frick
answered on May 15, 2023

Ideally, you should videotape the entire inside of the premises shortly before departing and returning your keys to the landlord so you can prove there are no damages to the premises for which you are responsible under the terms of your lease.

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: Hello, My apartment manager is stating she is going to evict me even though I have the money for last month rent.

I was late for april rent and tried to pay april rent yesterday. She told me she cannot accept it unless i pay april and may. Then she stated that this policy is in the lease. When I asked her to show me the lease she would not and only said that it is in there. Can she legally do this even if the... View More

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

Under certain circumstances, a landlord is allowed to refuse past due rent payment, even when the lease doesn't reserve the right to do so. You should consult with a knowledgeable attorney about your rights and options.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Hello, I wanted to know if its okay to share SSN copy to landlords? FYI l will be sharing SSN number on online app.
N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

It would be pretty difficult to answer your question without additional information. For example: What role do you play in the scenario? Whose SSNs would you be sharing? What's the purpose for sharing the SSNs? What kind of app? Etc.

You might try reposting your question with more...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord in Salisbury, NC. Tenant 5 months behind on rent in Supply, NC

This involves a verbal rent agreement with Landlords wife, who died in January 2020. Need advice on eviction.

Ben Corcoran
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Ben Corcoran
answered on Aug 19, 2022

Go to the magistrate/clerk's office and file for summary ejectment. This is a very common fact pattern.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My sister entered into a contract to sell my land without my signature or knowledge. Is that contract legal?

The land is in my name, taxes are paid.

Anthony M. Avery
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answered on Aug 16, 2022

Unless she has your Power of Attorney, she cannot sell your property. But are you sure you are the owner? A title search by a NC attorney might be needed, along with letters to interested parties. A complaint against the real estate agent might be in order.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: In 2021 I filed a writ of possession with the Lincolnton County NC courts. Having my tenant evicted in 11/2021. Due to

non payment of rent totaling $4650. What legal steps do I have to take in NC in order to collect the past due rent, $4650, they owe me ? Am I correct in saying that I need to know their current home address in order to pursue these legal steps ? I have thier phone numbers, email addresses, and... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 8, 2022

When you get a final court order, it will likely contain a judgment against your tenant for the amount owed. If they are living in a different county, you will need to transfer that judgment to the new county.

With that being said, the overwhelming majority of tenant judgments never get...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I have 6 months left on my lease. The landlord is selling the house.

There is multiple people walking around the property taking pictures of the house knocking on the door consistently parking in the driveway. They are also wanting to do viewings starting Monday and throughout the work week is there anything that we can do about this

Ben Corcoran
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Ben Corcoran
answered on Jul 26, 2022

A lawyer would need to review your lease before they can give you advice on this issue.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord sold the house I was rentingI was given until July 29th before we new owner take over.

I was given 4 weeks to move after the sale. I asked if I can have one day since July 29th is on a Friday . Can the new owner file eviction charges.

Ben Corcoran
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Ben Corcoran
answered on Jul 26, 2022

Without seeing you lease agreement, I cannot give you specific advice. You need to reach out to the new owner(s) and see what they are willing to allow.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: I need to break my commercial business lease agreement for a building, how do I do this I’m in Nc

Landlord is in Texas

Ben Corcoran
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Ben Corcoran
answered on Jul 20, 2022

The simplest method is contacting your landlord and asking them to release you.

If that doesn't work, contact a lawyer and have them review your lease and situation and see what options are available.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do I find out the P.oA of an inmate? The inmate is detained in Anson Correctional
Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2022

The inmate may have their PoA on file at the local register of deeds, however, most PoAs are not recorded unless necessary. Additionally, it is very likely that no PoA exists for the inmate. The only way to know for sure is to ask the inmate themselves.

1 Answer | Asked in Collections and Landlord - Tenant for North Carolina on
Q: Can I remove a debt collection charge if I can provide proof that I am not responsible for the debt?

I found about $35 non-compliance fee per month charge for not providing a current renters insurance policy to my landlord. They charged me $70 for 2 months despite me having insurance. I discovered that they have a copy of my current policy and so far I only received $35, but will potentially... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 15, 2022

You are asking a hypothetical question. Typically a property management company would not submit this kind of thing to a credit bureau until after you move out because they would simply take the fee out of your security deposit.

Assuming that the landlord reports a debt of $35 plus late fee...
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