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North Carolina Landlord And Tenant Legal Questions

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136 legal questions have been posted about landlord and tenant law by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
North Carolina Landlord And Tenant Questions & Legal Answers
Do you have any North Carolina Landlord And Tenant questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 136 previously answered North Carolina Landlord And Tenant questions.
Landlord and Tenant Law
North Carolina

Recent Legal Answers

I need urgent legal help with a demand letter sent by attorney of a tenant who used to rent my house through a property management company

Answered 6 months ago by attorney Stephen Arnold Black   |   1 Answer
If this matter involves an accident that may be covered by your insurance company, then turn the matter over to them. 
If this matter involves an accident that may be covered by your insurance company, then turn the matter over to them. 

Can I sue for personal injury because of oak tree limb

Answered 8 months ago by attorney Stephen Arnold Black   |   1 Answer
Yes you might have a case depending on additional facts. Can you prove that you told them about the dangers of the tree before the accident? If so was it just a verbal notice or written notice? If verbal, were any witnesses present when you gave it? This platform prohibits attorneys from soliciting your case, but you can reach out to one of us privately after you've researched our backgrounds.... Read More
Yes you might have a case depending on additional facts. Can you prove that you told them about the dangers of the tree before the accident? If so... Read More

Can you add loan to their rent

Answered 3 years and 8 months ago by attorney Lynn Ellen Coleman   |   1 Answer
Absolutely not! The personal loan, while arguably related to the residential lease, is only connected because that's how you know the individual you lent money to. Keep the two transactions separated.  I'm assuming and I am probably right, that your lease says nothing about lending your tenants money and having it added to their lease obligation. If they are on time on the resnt you cannot start evictin proceedings or demand loan payments as part of rent. If you need to pursue the loan, file a complaint for money owed on the loan only in small claims court. ... Read More
Absolutely not! The personal loan, while arguably related to the residential lease, is only connected because that's how you know the individual you... Read More

Can my landlord refuse to let me rent month to month after my year lease is up?

Answered 3 years and 9 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   10 Answers
Yes.
Yes.

How can his uncle lease the land for a cell tower if it has multiple owners?

Answered 8 years and 5 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Your husband needs to have an attorney do a title search.
Your husband needs to have an attorney do a title search.

Can the owner just do anything he wants and what are my rights as the tenant?

Answered 8 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Don't let him in. Your lease should have terms and conditions concerning when the owner can be granted entry. Follow those rules.
Don't let him in. Your lease should have terms and conditions concerning when the owner can be granted entry. Follow those rules.

What do I do if tenant is not abiding by the lease agreement?

Answered 8 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Then you can move to evict her if you feel she breached the lease. But considering she got an attorney, you should consult one as well.
Then you can move to evict her if you feel she breached the lease. But considering she got an attorney, you should consult one as well.

Do we, the HOA, have the right to ask people using our pool which unit they are associated with?

Answered 8 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Yes. Most communities give out passes or keys to ensure only authorized persons and their guests use the pool.
Yes. Most communities give out passes or keys to ensure only authorized persons and their guests use the pool.

Do I have a legal reason to break my lease due to some unresolved issues in my apartment?

Answered 8 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Unfortunately no. But you should consult an attorney to discuss a possible lawsuit for rent abatement which may be a way to get out. Obviously, make sure you don't renew your lease when the time comes, give proper notice and leave.
Unfortunately no. But you should consult an attorney to discuss a possible lawsuit for rent abatement which may be a way to get out. Obviously, make... Read More

Is it unjust eviction if the new buyer wants to force evict us while the other tenants are allowed to stay?

Answered 8 years and 7 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
More details are needed. It depends on the term of your lease. If you do not have a long term lease and they give proper notice, it may be permissible to ask you to leave.
More details are needed. It depends on the term of your lease. If you do not have a long term lease and they give proper notice, it may be... Read More

Can my landlord not allow me to fire my weapon on the property that I rent?

Answered 8 years and 8 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
If its in the lease, yes. If its not, then she would have to have some part of the lease you would be violating.
If its in the lease, yes. If its not, then she would have to have some part of the lease you would be violating.

Is there anything I can do to get him out?

Answered 8 years and 9 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
If you are both on the lease, there is nothing you can do to force each other out. At the end of the lease, you just need to move on. But unless one of you agree...text messages aren't enforceable by themselves, there must be an exchange for there to be an enforceable agreement.
If you are both on the lease, there is nothing you can do to force each other out. At the end of the lease, you just need to move on. But unless one... Read More

Can he still evict me if the judge over ruled his eviction and they are harassing me saying I still have to move?

Answered 9 years and 4 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
He can only evict you if the magistrate ordered your eviction.
He can only evict you if the magistrate ordered your eviction.

Should I contact his new job and/or new landlord and disclose that he broke the lease?

Answered 9 years and 5 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
You can do either, Sue him or negotiate a buy out. Calling his new landlord or job will not be helpful and might subject you to unfair debt collection claims.
You can do either, Sue him or negotiate a buy out. Calling his new landlord or job will not be helpful and might subject you to unfair debt... Read More

When someone sells their mobile home, how long do they have to leave?

Answered 9 years and 5 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
If you purchased the mobile home and have the deed, then she has to leave. Call law enforcement to assist.
If you purchased the mobile home and have the deed, then she has to leave. Call law enforcement to assist.

What are my options if I won a lawsuit but still haven't been paid?

Answered 10 years ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
You have to go through the collection process. Unfortunately many judgments in NC never get paid. If your attorney is no longer assisting, you may want to speak to another attorney to see what collection of the judgment would take, Before suing, I usually do an asset search of the defendant and decline to sue if it looks like the judgment would never be collected.... Read More
You have to go through the collection process. Unfortunately many judgments in NC never get paid. If your attorney is no longer assisting, you may... Read More

Can the landlord charge a tenant any fee amount for eviction notice?

Answered 10 years ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
All terms of the previous lease other than the term are still in force unless the lease specifically says it will not have any force after it expires.
All terms of the previous lease other than the term are still in force unless the lease specifically says it will not have any force after it expires.

Can my wife's w-2s be held by our landlord?

Answered 10 years ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Call law enforcement. What the landlord has done is a crime.
Call law enforcement. What the landlord has done is a crime.

My landlord is trying to charge us $250/day for being holdover tenants even if the rent is never late, is this legal?

Answered 10 years and 2 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
It depends on your lease. The landlord is allowed to charge the increase if the lease called for it. If the lease is silent, the landlord would have to give you notice before any increase.
It depends on your lease. The landlord is allowed to charge the increase if the lease called for it. If the lease is silent, the landlord would have... Read More

Can a homeowners association be incorporated?

Answered 10 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Under NC law, HOA must be incorporated.
Under NC law, HOA must be incorporated.

Is that a legal eviction even when she has the money but chooses not to cash it somewhere else?

Answered 10 years and 8 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
If she is unable to cash the money order, it is not an illegal eviction. You need to get with the money order issuer...not just the store and seek a refund ASAP.
If she is unable to cash the money order, it is not an illegal eviction. You need to get with the money order issuer...not just the store and seek a... Read More

What is the penalty for breaking a lease before the lease ends on a rental house?

Answered 10 years and 9 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
It depends on the terms of your lease and how much longer you have in it.
It depends on the terms of your lease and how much longer you have in it.

If your due date for rent is set on the 20th of each month, are you still allotted a 10 day grace period to pay?

Answered 10 years and 10 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
When you have a written lease, there is no automatic 10 day grace period. It depends on what the lease says. If the lease is silent, then the 10 days would apply.
When you have a written lease, there is no automatic 10 day grace period. It depends on what the lease says. If the lease is silent, then the 10 days... Read More

If you been living in a complex for years and have two cars that is in your daughter's name, can the complex deny you a parking sticker?

Answered 10 years and 10 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
It depends on the rules of the complex. If the car must be titled in your name, the answer is yes.
It depends on the rules of the complex. If the car must be titled in your name, the answer is yes.

If my apartment lease ends in 03/31/2015, can my landlord make me stay until May 2015?

Answered 11 years and a month ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
It is a binding lease. The key is what the notice provisions are. If the lease requires 60 days and you only gave 30, then you do have to stay 1 more month.
It is a binding lease. The key is what the notice provisions are. If the lease requires 60 days and you only gave 30, then you do have to stay 1 more... Read More
Landlord and Tenant Law
North Carolina

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