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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: So for every time she charged me I am due a refund is that correct? I no longer live on the premises.

For being charge court fees and the landlord never filed the paperwork.

Paige Kurtz
Paige Kurtz answered on Jul 7, 2017

Yes. The landlord cannot charge fees that are (1) not allowed by the contract (2) not incurred by the landlord (3) not agreed to by the parties.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a landlord charge you court paperwork fees and never actually went to file the paperwork for late rent in NC

My landlord would threaten to file court papers for me being late but never filed them but charged me an additional 125.00

Paige Kurtz
Paige Kurtz answered on Jul 7, 2017

If the landlord did not actually incur the costs, then no they cannot bill you for filing.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: in the state of North Carolina. Is it the tentant responsibility to paint the property once evicted or the landlords?

I painted three rooms. She is telling me I should of painted the entire house so all the walls are clean. I painted nothing, because I thought landlords are suppose to go in and paint the entire house. Before a new tentant

Paige Kurtz
Paige Kurtz answered on Jul 7, 2017

Review the written lease for your obligations upon moving out of the rental property. General wear and tear is allowed, so unless the lease specifies that you must repaint the property or you have agreed to do so, the law does not require it.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My apartment is trying to fine my wife for having the trash outside for 1 min while she went to get our car seat.

They just happened to come by as she was. Putting the trash by the door and went to get out four month old in his car seat. Is this legal?

Will Blackton
Will Blackton answered on Jun 23, 2017

The answer will depend almost entirely on your lease agreement.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My daughter is a student and is leasing an apartment. Her lease is up in a month and 7 days. About a month back she

kept some pets over the weekend for a friend and the landlord came in unannounced and saw them. She immediately demanded that she pay the $300 pet deposit, which I'm sure they will take out of her deposit. The landlord came in yesterday to show the apartment and is now saying the apartment has... Read more »

Will Blackton
Will Blackton answered on Jun 22, 2017

The answer is going to depend on what the lease says. I don't think an attorney will be able to assist you without reviewing the provisions of the lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My tenants changed the locks and moved out. They left some of their stuff in the house. What are my rights?

They said they were moving and the power has been cut off for non payment. Located in North Carolina

Will Blackton
Will Blackton answered on Jun 22, 2017

If your tenants are still timely paying their rent and have not otherwise breached the lease, the fact that they moved does not give you the right to remove their personal property.

Chapter 42 of the North Carolina General Statutes will be of some assistance to you....
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: is there a standard how rented houses are supposed to be given to new tenants?

Military active duty just rented a house

Will Blackton
Will Blackton answered on Jun 19, 2017

Landlord must provide a tenant with "fit premises" as described in Section 42-42 of the North Carolina General Statutes. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf

Additionally if you're renting to an active member of the U.S. Armed Forces, you...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I am being deposed, who can I expect to be present at the deposition?
Paige Kurtz
Paige Kurtz answered on Jun 12, 2017

Typically, it will just be the parties, their attorneys and the court reporter. The other party has a right to be there as does your attorney if you have one.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it legal for a landlord to charge rent when you have vacated and returned keys

Our landlord is releasing us from our lease early, they have rented our apartment as of June 12th. The problem I have is that they require us to be out of the apartment by noon on May 31 but yet they say we must pay rent until june 12th and we must keep utilities in our name until then. Is this... Read more »

Paige Kurtz
Paige Kurtz answered on May 30, 2017

If the landlord is requiring you to vacate the property by a certain date and you do not occupy the property beyond that date, then you are not responsible for rent or utilities beyond that date.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Do I sue my landlord in the state she lives in or the state where property is located and lease was signed?

My landlord has withheld my deposit unlawfully and I now need to sue her but I live in NC and the Property is in NC but she lives in VA

Paige Kurtz
Paige Kurtz answered on May 23, 2017

Because she owns property in North Carolina, she is subject to North Carolina's jurisdiction. I would file suit in North Carolina. However, if you are using small claims, suit can only be filed in the county where she resides. Thus, you would have to sue her in Virginia.

1 Answer | Asked in Family Law, Landlord - Tenant and Probate for North Carolina on
Q: How many days do I have legally to leave my home that was my mothers before she passed in NC?

My mother passed away 5/12/17. I am living in her house and have been for 6 years taking care of her. Before she passed her now deceased husband had put in the will that the house would go to his children. My step brother has told me that I have less than two weeks to get out only 3 days after my... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on May 18, 2017

The same as any tenant - you have to be evicted which takes much longer than 2 weeks. If your step brother tries to change locks or otherwise violate your rights, you should take appropriate legal action against him.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Landlord requires me to leave electric and water on at the end of the lease term, for them to clean carpet. Is it legal?

They say I will be charged a reconnection fee if I fail to leave utilities on.

Paige Kurtz
Paige Kurtz answered on May 15, 2017

You are only responsible for utilities through the end of the term of your lease, unless there is a provision in your written lease that requires otherwise. When you terminate your utilities, confirm that no actions may be taken on your account by anyone except you.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If my landlord broke the lease (didn't install smoke detectors until a month after we moved in), can I break the lease?

We told the landlord (in a dated email) that the smoke detectors didn't work when we moved in (Nov 2015) and they didn't install working ones until a month later but the lease states that they must be replaced within 15 days. Now, we want to end our lease a month early, can we argue that they broke... Read more »

Will Blackton
Will Blackton answered on Mar 31, 2017

Did you provide written notice that smoke detectors weren't working? That's the 15 day period you're talking about in NC Gen. Stat. Section 42-42. 15 days after receipt of written notification.

Here is a list of resources which suggests you might be entitled to rent abatement....
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: What can a landlord do if I don't pay my last month of rent?
Paige Kurtz
Paige Kurtz answered on Mar 30, 2017

The landlord can sue you for the rent due and any other amounts that would be due under the lease. If the landlord has a security deposit, the security deposit can be applied to nonpayment of rent and utilities, along with any damages or repair costs incurred by the landlord.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can you provide me the statute, in its entirety, requiring the landlord to repair premises?
Paige Kurtz
Paige Kurtz answered on Mar 24, 2017

The landlord tenant statutes in North Carolina are located at NCGS Chapter 42. You probably want to review 42-42. You can access the full text of all statutes on the North Carolina General Assembly website.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord is going to sell their property my family and I currently rent on a month to month basis. What rights do we

have for timetables of when we need to be out etc.

Paige Kurtz
Paige Kurtz answered on Mar 17, 2017

You'll need to vacate the premises when given proper notice by either the current owner or the new owner. On a month to month basis, the notice period is seven days.If you haven't vacated by the end of that period, the owner, new or old, can file an action to evict you.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I signed a new lease in Jan 1st which included my dog. The landlord now says he is re writing the lease without the dog

Is this legal, to come up with a new lease because he says the dog can't be here anymore? The dog got out of the yard and barked at the neighbor.

Paige Kurtz
Paige Kurtz answered on Mar 8, 2017

The written lease should say under exactly what circumstances the lease can be altered. Generally, the answer would be no, unless the lease allows for a change to be made under certain conditions. If the landlord believes you are in breach of the lease because of an issue with your dog, they need... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Is it legal for a landlord to send a text message telling us to move by end of month?
Will Blackton
Will Blackton answered on Mar 7, 2017

Generally yes, this is legal. If your one year lease period has terminated and is now month to month, only 7 days notice is required. See if your lease agreement says something to the contrary.

North Carolina General Statute § 42-14. Notice to quit in certain tenancies.

A...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord sent text saying we have to move out by end of March in NC. Is it legal?

My yearly lease ended 3/16 and i have been living with my family there still month to month. Landlord was paid this months rent on 1st and sent my husband a text on Sunday 3/5 and said we need to move out by the end of March. Is this legal as we have 5 children in the house?

Will Blackton
Will Blackton answered on Mar 7, 2017

Generally yes, this is legal. If your one year lease period has terminated and is now month to month, only 7 days notice is required. See if your lease agreement says something to the contrary.

North Carolina General Statute § 42-14. Notice to quit in certain tenancies.

A...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How to handle people who won't leave a home the leased tenant moved out of?

These people moved in with a leased tenant and the leased tenant left. They refuse to leave and claim to have paid bills but can provide no proof. I am a brand new "mobile home park manager," and I don't know how to handle the situation. Rumors are flying that they've been evicted from another... Read more »

Brian Lehman
Brian Lehman answered on Mar 5, 2017

You need to get a court order. Your first step is contacting a lawyer, I think.

www.lehmanlawgroup.com

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