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North Carolina Landlord - Tenant Questions & Answers
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... View 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... View 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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can i take a small claims case out on my landlord for reimbursement on utility's that are was not my fault.

A small water line broke which caused our bill to be almost $300 he did fix it a week later and my central air unit wasnt working took 2 1/2 months to fix my bill is close to $600 for 1 month. Our average water bill is $30 a month and a little less than $300 for electric. I have had to use my... View More

Paige Kurtz
Paige Kurtz
answered on Aug 30, 2017

If the landlord is in breach of your written lease, then a small claims action is appropriate for any damages that you believe you have suffered.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How can I evict when my tenant is late every month? She always catches up when I give her the pay or quit 10 day notice.

Lease states rent is due on 1st. 10-day grace period is allowed. On the 11th day, we send a pay or quit in 10 days notice certified mail. She emails stating that the check is being mailed. It ends up being post marked on the last of the 10 day notice. She has emailed stating that she would have the... View More

Cameron Lambe
Cameron Lambe
answered on Aug 29, 2017

The terms of the lease agreement will control. If you are using a lease modeled after the AANC recommendations, the lease agreement should include a provision that you, as the landlord, are not required to accept a late payment. Without having more detail about the terms of the lease and the... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: I'm a renter in North Carolina. The home I rented wasn't insured.

I was told by the Fire Marshall that my landlord didn't have property insurance and I didn't have renters insurance. I lost everything in the Fire. Can I go after the landlord for not having insurance?

Paige Kurtz
Paige Kurtz
answered on Aug 25, 2017

Unless there is a written provision (which would not be typical) in the lease that requires the landlord to insure your property, it is your responsibility to maintain renters insurance. The landlords insurance would only cover the landlord's property.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How many days do i have to move if my lease ends at the end of the month?
Paige Kurtz
Paige Kurtz
answered on Aug 16, 2017

You have until the last day through which you have paid rent. If you paid rent for August, then August 31, 2017 is likely your last day that you are legally entitled to possession.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My landlord sold the property and I did not sign a new lease at the beginning of the yr. Can I get evicted?

Like if I'm behind on rent and I didn't resign my lease what can the new landlord do

Will Blackton
Will Blackton
answered on Aug 10, 2017

If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a tenant edit/prepare a new rental lease after the old one expires
Paige Kurtz
Paige Kurtz
answered on Aug 7, 2017

There is no reason why a tenant can't draft a lease and present it to the landlord for signature.

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: my signed contract says i have to give 30 day notice to exit a month to month lease, which is longer than NC state 7 day

can i challenge this apartment lease clause in court?

Cameron Lambe
Cameron Lambe
answered on Aug 3, 2017

A lease contract typically governs the responsibilities of each party. The lease can add requirements in addition to what may be set as a minimum by state law so long as it does not contradict the legal requirements. If the terms of your lease require a 30 day notice, it is likely a enforceable... View More

1 Answer | Asked in Business Formation and Landlord - Tenant for North Carolina on
Q: I owned the building in which a family member ran a daycare. Never require her to pay rent. How do I get her out now?

We need to rent to another daycare.

Paige Kurtz
Paige Kurtz
answered on Jul 26, 2017

You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it legal for my landlord to raise my rent when I already signed my year lease two months ago?
Paige Kurtz
Paige Kurtz
answered on Jul 18, 2017

The landlord can only raise the lease as allowed by the written lease. Typically, in residential leases, the rent is set for the term, but contracts can always allow for the rent to be modified. If there is nothing in the lease that allows for this, then the rent should stay as is.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: We signed a 2 year lease, we have been her 8 weeks. Now our landlord is selling the house, can we stay if it sells?

Landlord may terminate tenancy at expiration of initial term by given written notice 60 days prior to the exp date of initial term.

Paige Kurtz
Paige Kurtz
answered on Jul 13, 2017

You have the right to occupy the house until you are given notice to vacate the premises. Assuming your lease is still in effect when the house sells, the new owner may simply give the notice of termination of the lease and you would be required to leave.

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... View 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....
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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....
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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.

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