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North Carolina Landlord - Tenant Questions & Answers
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... View 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... View More

Amanda Bowden Johnson
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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... View 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...
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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... View 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...
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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...
View 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... View 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

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Am I being wrongfully evicted?When the landlord made a text agreement to have rent late?Can she still evict?

In February 2017 I had a family emergency that I had to leave for,when I got back we asked our landlord if we could pay February rent on the 28th along with the next months rent.She said she would ask the owner,a day or 2 later she replied to us and said yes the owner was okay with that.This was... View More

Paige Kurtz
Paige Kurtz
answered on Mar 3, 2017

If your rent is paid in full and your are otherwise in compliance with the lease, then there is no basis for eviction. You cannot withhold rent for any reason. Tender your rent now and the landlord should withdraw the eviction. If the landlord persists, you will need to attend the hearing and... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord raise rent in the middle of the lease, because someone moved into the house with the family renting it?

I have been living a house with a family renting it in North Carolina. The landlord gave me a 5-day notice to pay an extra $250 per month for the remaining of the lease. I have been living with the family since they moved in 6 months ago and the land lord knew about it but I never signed the lease... View More

Paige Kurtz
Paige Kurtz
answered on Feb 28, 2017

Typically leases allow a certain number of people to reside in the residence. If the original lease did not allow your residency, then the tenants are in violation of the lease. Since the property is already under lease, this is really like the landlord is renting out a specific space to you. So,... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it possible to have an eviction removed within a year?

I have been paying my rent on time every month since I have been in my previous apartment. It has been difficult due to the difficulties I have had getting to and from work. Since I have transportation issues I can't make the money I need to pay my rent. I've had transportation problems... View More

Paige Kurtz
Paige Kurtz
answered on Feb 24, 2017

If you are referring to having an eviction on your credit record, then no, there is no ability to have it removed. However, if you pay the amount due, then it should show as paid. Unfortunately your question is not clear as it says you have paid every month. If so, I am not about why there was an... View More

1 Answer | Asked in Products Liability, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: Car towed from in front of my home without notice and damaged. What can I do?

I walked outside my home two days ago to find my car gone. Towed because the HOA contracted a towing company to come by periodically to check for registered tags. But I got no notice for the tow. I went to pick up the car today and they would not let my friend pay for me even though we were both... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

You need to know what's wrong with it before you have a case. Just because it ran fine before doesn't mean it's fine now.

File a complaint with the HOA.

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: Our church is renting a building and the landlord is charging $20 a day for late fees after the first day t

Also the bathrooms don't work who's responsible for fixing the bathrooms

Will Blackton
Will Blackton
answered on Feb 8, 2017

Your lease will specify whether these late fees are permitted and who is responsible for maintaining the facilities.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I evict my nephew?

He has been staying with us for about 3 years. He lost his job and we came to an agreement that if he wants to still stay with us he has to find a job to pay rent. He agreed to the terms but he still has no job and does not plan on getting one. We gave him a date and now he says he is not leaving.... View More

Paige Kurtz
Paige Kurtz
answered on Feb 8, 2017

You'll need to file a summary ejectment action in small claims court to evict your nephew. Once the date for his departure passes, you can file the action.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord refuses to fix damages to the property and still charges full rental amount. Can I take legal action?

She was informed of damages and has seen damage before we ever moved in. Refuses to repair claiming it wasn't her fault.

Paige Kurtz
Paige Kurtz
answered on Jan 26, 2017

You may not withhold rent in North Carolina for the failure of the landlord to fulfill her responsibilities. You may, however, file a small claims action to enforce the North Carolina statutes to provide fit and habitable premises. Depending on the condition and the issue, the court may order rent... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My landlord stated she would deed the property I've been renting13yrs to me if I would stay. is it legal?

My landlord is mean, old and hateful. She was not always like this, but it had gotten to the point that I was ready to pack up and leave. Then she said you don't have to leave I was deeding this property to you and your husband if anything happens to me or David(her husband). Now that his and... View More

Ben F Meek III
Ben F Meek III
answered on Jan 24, 2017

It sounds like a ploy to keep you in the house. Ask her to sell you the house or to commit to a contract to convey the house to you. She likely won't and that will tell you something. If she should express willingness, have a lawyer draft or review the contracts to protect you from overreach... View More

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