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The home is in my mother and fathers name and both are deceased with now will
answered on Aug 17, 2020
As always, you will get a more accurate and complete answer if you consult with a local attorney who has the time to understand all the facts behind your particular situation. That said, I don't see grounds to get a "civil order" (which isn't really a legal term). If both... View More 
He pays his car insurance until this month and partially pays his cellphone.
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answered on Jul 16, 2020
Unless he has a valid lease with you, if you tell him to leave and he does not, he is likely committing the crime of trespass. For that, you simply call local law enforcement and they should come arrest him and remove him from the property. However, law enforcement typically does not like to get... View More
Lifetime rights?
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answered on Jul 15, 2020
Depends on whether there was will or not. If there was no will, the property will pass thru intestate succession laws. Who gets what depends on what family members there are and what there relationship to your spouse was. Even with a will, you can not be disinherited entirely in NC, so the... View More
the rental agreement is now on a month to month basis
answered on Jun 26, 2020
If you are no longer looking to proceed with the eviction, you can file a dismissal of the action. The clerk of court has a form that you can use.
To clarify is she an ex. We both are on the loan and deed. Were together 8 years. What is needed to be done to sell or buyout?? I no longer care to own house, want to sell. However, she will not have an adult conversation with me about it. What if she cannot obtain the house in her name only?
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answered on Jun 23, 2020
If you are not married, you are likely tenants in common. If so, there is really no need to 'discuss' it with her - she doesn't really have much choice, so you can essentially just tell her how things are going to be. If you want, her choices are pretty much limited to either... View More
The paperwork has Tenant and CoSigner on the lease, with Tenant's family listed as occupants. When filing for summary ejectment, do I need to include Tenant's wife and CoSigner's wife on the court paperwork?
answered on Jun 1, 2020
Only those parties that signed the lease are the responsible parties. Spouses are not responsible simply because they are spouses, nor are people simply listed as occupants.
May tenants refuse landlords' requests (i.e., entry of vendors) for non-essential maintenance (i.e., issues that do NOT pose harm or a threat to habitability, and that will NOT cause further degradation to property if left until a later date) (e.g., painting walls) to avoid contact with... View More
answered on May 18, 2020
Questions of contract law almost always come down to "well, I need to see the contract."
However, lease agreements will typically have a provision that requires allowing the owner onto the property for maintenance.
They also usually have a Force Majeure clause that... View More
I received an email that my security deposit would be mailed out that week. Then a month later I was sent a bill stating I owed for damages. I was sent the itemized bill 48 days after the end of my lease.
answered on Mar 23, 2020
A landlord has 30 days to issue an itemized statement regarding the application of the security deposit and/or return any unapplied security deposit. However, if the landlord's damages are not fully known in that time, they have to issue an interim accounting and then a final accounting within... View More
answered on Feb 9, 2020
It isn't fully clear from your question whether you're inquiring about reimbursement of your hospital bill, or compensation as an injury victim. You could contact a North Carolina attorney to discuss the matter in further detail; most attorneys who handle injury cases generally offer free... View More
They acknowledged they dropped the ball with not locking my door, but only offered me $1000 when my losses were over $13000
answered on Dec 10, 2019
Ask for the 13,000. I assume you filed a police report and can document the value? Note that the value you'd get in court would be the value as they were. Tell them you expect the 13. Chances are they are trying to avoid an insurance claim.
Fire started Sunday November 3 2019 at 4:10am. Fire was caused by electrial wire of a fan that was poorly installed and properly working correctly.
answered on Nov 23, 2019
You should not have to pay for anything if you had nothing to do with the installation of the wire. You posted this under personal injury. If that means you sustained injury and incurred medical expenses as a result of the fire, you could have certain rights, which you could discuss with a North... View More
answered on Oct 30, 2019
This is going to depend on the terms of the lease agreement you have with your landlord. Review your written lease and see what it says about interior inspections of the home or landlord's access. The landlord's motivation for inspecting the interior of the home may also matter: less... View More
My father passed two weeks ago and left all property/house to me and my sister. The house has already gone through probate. His step-granddaughter had been staying there for a short period before he passed and we have since asked her nicely to be out by today. We gave her two weeks from 9/14/19.... View More
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answered on Sep 28, 2019
Law enforcement rarely will evict a trespasser if it "looks" like she "lives" there. Even something as simple as her clothes in a closet will scare them away. You are going to need to hire an attorney to help you with an unlawful detainer action against her.
Foolishly my husband and I signed a one year lease agreement and a 2 hours later we ended up finding a home we wanted to purchase. Yes, we did it backwards and no I don't need a lecture on that! Upon letting the landlord know he said he would be keeping our $2100 security deposit (one month... View More
answered on Aug 11, 2019
Unpaid rent is one item that can be paid out of a security deposit. Costs of re-renting the premises are another. You can ask for some or all of your security deposit back given the circumstances. If you can't agree on an amount, I'd suggest speaking with a landlord tenant attorney about... View More
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answered on Apr 22, 2019
Items in the house belong to whomever owns them. Items left your your house do not magically become yours by mere virtue of being left in your house. If there are items that belong to your adult child, you are likely under a bailment obligation to store them safely for some period of time. You... View More
answered on Oct 3, 2018
No, you may not withhold rent in North Carolina. You will need to follow the terms of the lease in giving the landlord proper notice of the issue. If it is not resolved, you can sue the landlord for not complying with the lease and/or North Carolina Statutes.
answered on Sep 20, 2018
You may not withhold rent. If the landlord is not complying with the law, you will need to file suit against the landlord to enforce the obligations that the landlord has under the law to provide a unit that is livable.
Don’t want here totally either running the place down or trying to totally remodel without any input as it will be mine also. My dad is going to use all his money to repair the place though which is good Mom just has medical issues and can be mean I don’t want her taking total advantage of him... View More
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answered on May 30, 2018
It sounds like she has a life estate and you have a remainder. if so, your mother is quite right, she gets to do what she wants with the property until she dies or voluntarily gives it up and you basically get what's left over or - the remainder. If you want to make sure there is a remainder... View More
Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before... View More
answered on Apr 23, 2018
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
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