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North Carolina Landlord - Tenant Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do we get my brother in law to move out of our house? He never signed a lease. He's been with us 5 years.

He has paid rent the last two years. We told him last November that his deadline was August 2021. He hasn't left yet. We live in Florida.

Ben Corcoran
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Ben Corcoran
answered on Oct 18, 2021

You are going to have to file a motion for summary ejectment, and one of you is going to have to come up to NC for the court date.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Eviction was executed today, only my husbands name is listed does the landlord need a separate eviction for me?
Ben Corcoran
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Ben Corcoran
answered on Sep 1, 2021

If both of you are on the lease then the likely answer is yes the landlord would have to evict you as well. As always you should take your documents to a local lawyer and have them review the documents to get a more complete answer.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord..If the rental lease expire aug 31 and no rent has been paid in 3 mos can I make the tenant leave

Even doing pandemic….there’s no contract/lease for September

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 25, 2021

You need to give them 7 days' notice that you will not be renewing their lease and they need to vacate as of August 31. If they are not out as of August 1, you can try pursuing summary ejectment, but check the second box on form AOC-CVM-201 which says "The lease period ended on the above... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for North Carolina on
Q: What are reasonable deductions to hold from a security deposit?

I have a tenant that is wanting security deposit back, we have itemized damages done to home by an animal and are not charging tenant for normal wear and tear. The tenant is being charged a move out clean because home was not cleaned. Animal ripped siding off of back of home tenant never replaced... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 4, 2021

NCGS 42-50 is the statute that requires the trust account for a deposit. There is no case law interpreting penalties for failure to comply. NCGS 42-51 outlines permitted uses of the security deposit and NCGS 42-52 outline your obligations. So long as you are passing along actual cost and not... View More

1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: What can I legally do with my ex boyfriend's belongings since he won't come get them?

I kicked my ex boyfriend out of my house 2 weeks ago. He left the majority of his belongings and no matter how many times I ask, he won't come get them. He also left a dog and a car. Obviously I will just have the car towed, but what can I do about the dog? Can I sell her? It was a free... View More

Kate Bowles Miller
Kate Bowles Miller
answered on Aug 2, 2021

If a guest in your home left his belongings, he has no legal right to reclaim them.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If a landlord sells a property, and the tenant is allowed to stay, can they collect their original security deposit?

I purchased a home in NC from a property management company. The house is rented and I’m allowing the tenant to stay. She informed me that the previous landlord will not return her security deposit. She is elderly and doesn’t seem able to navigate this issue herself. I’d like to know what... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 2, 2021

The security deposit should have followed the lease, and since you purchased it subject to the lease then they should have transferred it to you. I would pursue it with the management company and demand that they turn over the deposit to you.

Even if that is not the case they have 30 days...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: landlord just put a for sale sign in yard with no reason never late

dont have anything never late in 5 yrs and she was helping find a home cause has restate company and we were just looking noe she putting house up for sale

Ben Corcoran
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Ben Corcoran
answered on Jul 7, 2021

The landlord can sell the home at any time during the lease, however, the new owners would be buying the home subject to the lease. I advise talking to your landlord about what is happening and seeing what sort of protections they are willing to offer you.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: is it legal for my landlord to give me 30 days to find another place to live because she refuses t repair water damage

from a leak that happened last year August? My lease is set to renew July 1st. I’ve asked them to repair the damage in my kitchen and they’re ignoring my requests. Instead she wants me gone in 30 days and I’ve been a long time renter for 8 years!!

Ben Corcoran
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Ben Corcoran
answered on Jun 22, 2021

Unless your lease contains a very unusual renewal provision they are absolutely within their rights to decline to renew the lease. Even with the facts you laid out, I would be very surprised if they would be required to renew your lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: landlord refused to fix a leak. now there is black mould everywhere. What can I do other than taking him to court

He threatened to kick me out cuz I keep asking him to take care of it.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 11, 2021

In NC you can talk to the local housing authority, and as long as you have properly notified your landlord of the issues they can step in. And your landlord is walking a fine line if they try and evict you after you reported issues to them.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for North Carolina on
Q: Is my landlord allowed to double lease part of our land to another party without notice?

We have lived in our current home for 6 years, recently an acre of our property has been leased out to another party for their horse. We didn't find out intil there were already fence posts in, when asked, the people putting up the fence said that our landlady was leasing the property to them... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 19, 2021

I or any of the lawyers on here would have to read your contract to be able to advise you on this matter.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My family members are renting a house in North Carolina.

My daughter has moved most her belongings into the house and now she’s been told that the landlord daughter is moving in not my daughter .They had a verbal agreement and were supposed to finalize and sign contract next week.We have cleaned the house inside to get ready and was told it was ok to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 26, 2021

Unfortunately, since there is no signed contract, the verbal agreement is not enforceable. Try to work out something with the landlord to get a few more days time in exchange for the time and labor expended cleaning up the house.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Tenant lawyer needed

Told roommate I was moving out in 10 days, because of the hostile living conditions created by himself and one other roommate. I refused to stay there in those 10 days following because of how intimidating, negative, and all around abusive behavior directed towards me. I am sure it was all for the... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Feb 25, 2021

Google lawyers in the area or use the find a lawyer function on this site.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Month-to-month tenant how long you have to give your landlord notice that you're moving
Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2021

by statute 7 days before the end of the lease term, but it can be extended by your particular lease. If your lease requires more than that I would go with your lease's provisions.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can I withhold my rent from my landlord for a water leak? Which started 8days ago.

I identified the leak on 23 Jan, 24 jan woke up to no water for the first half of the AM. Contacted the property manager (PM) 25Jan and water dept. Water dept confirmed a leak. 25Jan let PM know there is a leak an my water pressure is very low . They schedule a plumber for 28Jan. They send someone... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Feb 1, 2021

In NC the duty to pay rent is separate from the landlord's duty to repair. You still need to pay rent, and you need to sue the landlord to get a reduced rate for the time the leak was present.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: I am letting people use a building for church. Should I have insurance on it and if not who is responsible for accidents
Ben Corcoran
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Ben Corcoran
answered on Jan 18, 2021

Insurance is a choice unless the land is mortgaged and then it is normally contractually required. As to who may be responsible, this sounds like you do not have a formal lease in place. I highly recommend having the church sign a formal lease and specifying in that lease the parties'... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: We've sub-let part of our rented home to another person, can we evict her if she refuse to vacate when contract ends?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jan 13, 2021

Provided that you were allowed to sub-let in your contract with your landlord, then yes, once your lease with your tenant expires, you can evict her.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I got an email stating my lease will not be renewed and I must be out in 30 days. They want to remodel.

Is the legal during the pandemic?

They still expect me to pay this month's rent and have a deposit & first months rent in 30 days for another place. Is there any protection during COVID-19 at this time for tenants?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jan 4, 2021

There is nothing that requires your landlord to renew your lease in any of the pandemic laws. Unfortunately, there are little to no protections for tenants whose lease has expired.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: When landlord sales property and has given tenant written notice to vacate (30) days,and tenant refuses to vacate what

What can be done

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Dec 30, 2020

Depending on the lease, the new Landlord can then file for eviction after the 30 days expires. I would have to review the lease to answer this question with more specificity.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I evict my nephew from my home for not paying rent in a year?

He was wanting to purchase the property and at one time I had considered it but have changed my mind it is the only thing I own. He is aggressive and says we had a verbal agreement. Is that a binding agreement I never gave him exact amount or had it appraised.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Dec 29, 2020

I would have to speak with you about what the verbal agreement may have been, but if you want to evict go down to the local magistrate's office and file an eviction. Speak to a local lawyer to get a better answer about the verbal agreement and eviction options.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord won’t renew my lease and tryin to bribe me with a uhaul and hotel to move in two days

I have it on recording wat do I do

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Dec 29, 2020

Your landlord is likely under no obligation to renew your lease. If they are unwilling to renew I would probably accept the offer of a Uhaul and hotel and find a new place to live.

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