North Carolina Landlord And Tenant Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 - Page 2
Do you have any North Carolina Landlord And Tenant questions page 2 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.

Recent Legal Answers

Can I have the check for disability garnished, if they say they’re unable to pay?

Answered 11 years and a month ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Verbal contracts are enforceable if you can prove the terms. Garnishment is not allowed in North Carolina.
Verbal contracts are enforceable if you can prove the terms. Garnishment is not allowed in North Carolina.

Should I move out even if I have not received a written eviction notice?

Answered 11 years and 2 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Keep the charges and move. There is no way you should live with a landlord who threatens you with a gun.
Keep the charges and move. There is no way you should live with a landlord who threatens you with a gun.
You can call the police, but they may or may not act if you are not an owner or on the lease. Your boyfriend will have to try to get off and act. As for the comments, insults are not slander even if publicly made. He would have to make false statements that cause you financial harm. If he is making threats, you can call the police and report those threats.... Read More
You can call the police, but they may or may not act if you are not an owner or on the lease. Your boyfriend will have to try to get off and act. As... Read More

landlord wont heat and have no hot water

Answered 11 years and 5 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer
There are several issues at work here that your landlord is in violation of. The obvious would be simple landlord tenant law violations which state that the landlord must provide habitable premises to their tenants, which is obviously not the case here. There is also violations of the fair housing act, which are considered civil rights violations that my law firm prosecutes under the United States Department of treasury, Housing and Urban Development or HUD. The final issue could also come up if the tenant is a member of a protected class, which would make this a discrimination issue also. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://discriminationandevictionlawyers.com/ #Landlord, #tenant, #eviction, #lease, #bedbugs, #mold, #discrimination, #rental, #agreement, #summaryprocess... Read More
There are several issues at work here that your landlord is in violation of. The obvious would be simple landlord tenant law violations which state... Read More

What percentage can be charged to a tenant if they are late paying rent by law?

Answered 11 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
5% of the rent or $15.00, whichever is greater.
5% of the rent or $15.00, whichever is greater.

Can HOA fine you for parking your boat in front of your house in the city street?

Answered 11 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
If the HOA has a rule against it...yes.
If the HOA has a rule against it...yes.

Is there money owed for rent without a lease agreement?

Answered 11 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Oral leases are valid and enforceable if proven. Stealing your stuff is criminal and you should call the police.
Oral leases are valid and enforceable if proven. Stealing your stuff is criminal and you should call the police.

Is it legal for my neighbor to put up video cameras that point at my home and video record me in my driveway?

Answered 11 years and 7 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Unfortunately, you are not owed a right of privacy in your driveway or front yard. If the cameras capture the inside of your home or a fenced off area, then your privacy has been violated.
Unfortunately, you are not owed a right of privacy in your driveway or front yard. If the cameras capture the inside of your home or a fenced off... Read More

Can my leasing agency file for eviction after I've surrendered the property?

Answered 11 years and 8 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
If you pay the termination costs in the lease, no, they don't need to evict you. Have a conversation with them and make it clear you wish to pay the termination fee to get out of the lease.
If you pay the termination costs in the lease, no, they don't need to evict you. Have a conversation with them and make it clear you wish to pay the... Read More

What can I do if my ex won't come get her things?

Answered 11 years and 9 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
If you know where she is, send her a certified letter that you will give her 14 days to get her items and on day 15 you are taking them to the salvation army/good will or other charity.
If you know where she is, send her a certified letter that you will give her 14 days to get her items and on day 15 you are taking them to the... Read More

Can this be grounds for eviction?

Answered 11 years and 9 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
It can absolutely be grounds for eviction. Any drug arrest on the property falls under Article 7 of Chapter 42 starting at 42-59. This is in addition to whatever rights the landlord retained in the lease.
It can absolutely be grounds for eviction. Any drug arrest on the property falls under Article 7 of Chapter 42 starting at 42-59. This is in addition... Read More

What can I do if my landlord is forcing me out by cutting off power and water that not past due?

Answered 11 years and 10 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
This is 100% illegal in NC. Call a landlord tenant attorney in your area. you have a lawsuit on your hands.
This is 100% illegal in NC. Call a landlord tenant attorney in your area. you have a lawsuit on your hands.
As I understand your facts, title to the residence is in your name and he is not on the title. You refer to "my ex," which could mean your ex-boyfriend or your ex-husband. If the latter, then possession of the residence should have been resolved in the divorce proceedings. If the former, then he is a "tenant at will" (i.e., initially you gave him permission to live in the residence) and you need to give him a 5-Day Demand for Possession. When (not if) he doesn't leave, then you need to file an eviction action.... Read More
As I understand your facts, title to the residence is in your name and he is not on the title. You refer to "my ex," which could mean your... Read More

Can I terminate my lease because I'm pregnant?

Answered 12 years and a month ago by Ronald Daniel Dessy (Unclaimed Profile)   |   4 Answers
Your decision to become pregnant, does not justify an early termination of the lease agreement. Under certain circumstances, the tenant can terminate the lease early, if the landlord fails to take reasonable, cost-effective action, to address dangerous persons on the property.
Your decision to become pregnant, does not justify an early termination of the lease agreement. Under certain circumstances, the tenant can... Read More

Can I seek reimbursement or sue HOA for false claim?

Answered 12 years and 3 months ago by Frances Ann Headley (Unclaimed Profile)   |   9 Answers
Your rights are determined by the CC&Rs and Bylaws of the HOA. You should obtain copies and then consult a real estate attorney to review them and all of the facts and advise you how best to proceed.
Your rights are determined by the CC&Rs and Bylaws of the HOA. You should obtain copies and then consult a real estate attorney to review them and... Read More

What is the legal issue if the owner of the renting home forbids me to have a female visitor?

Answered 12 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
It depends on what the lease says. Typically, landlords can't tell you not to have guests over unless the lease is clear on this point it seems this is out of spite and is a good signal that it is time to go before things get worse.
It depends on what the lease says. Typically, landlords can't tell you not to have guests over unless the lease is clear on this point it seems this... Read More

Was it legal to tow our motorcycle without giving us notice?

Answered 12 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
Unfortunately, you are probably not entitled to reimbursement. This statute wasn't designed to cover landlords. It really depends on what the lease says. If the lease says no untitled cars on the premises, they have the right to remove it pending the lease. You may want to have an attorney review your agreement.... Read More
Unfortunately, you are probably not entitled to reimbursement. This statute wasn't designed to cover landlords. It really depends on what the lease... Read More

Does the county inform a landlord after a house has been raided for growing drugs?

Answered 12 years and 8 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
The "county" doesn't but the police typically try/should try to contact the landlord after this happens. Whether a warrant was or was not issues is irrelevant because they gave consent. What is your concern, has the police tried to seize the home?
The "county" doesn't but the police typically try/should try to contact the landlord after this happens. Whether a warrant was or was not issues is... Read More
You need to consult with a family law attorney as your question is kind of broad. In any event, you need to take appropriate actions based on whatever that may be quickly as your husband may actually be your dependant spouse, and you may eventually be liable to pay him alimony.
You need to consult with a family law attorney as your question is kind of broad. In any event, you need to take appropriate actions based on... Read More

Who is in fault if he withheld information on the property we were supposed to buy and now it’s up for foreclosure?

Answered 12 years and 10 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   5 Answers
Much too complicated to answer based on this brief information.
Much too complicated to answer based on this brief information.

Can the landlord evict me for 15 year old son's possession of drug paraphernalia when I didn't know he had it?

Answered 12 years and 10 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   6 Answers
Depends on the state, but in Mass. Yes.
Depends on the state, but in Mass. Yes.

Can I give 3 day notice to tenant who is thousands behind even though old manager was taking payments?

Answered 12 years and 10 months ago by Mrs. Andrea Winters Morelos (Unclaimed Profile)   |   1 Answer
You absolutely need to follow the terms of the lease, which we assume is in writing. Every lease is different, but generally there is a clause that says when a tenant is late/in arrears, and even where that is deemed a default, there is usually specific language on how to deal with that particular default and the notice requirements. Typically at least 5 or 10 days WRITTEN notice with a right for them to cure that type of default before you can just oust them. But again, it depends on the contract. You should consult an attorney to review that for you.... Read More
You absolutely need to follow the terms of the lease, which we assume is in writing. Every lease is different, but generally there is a clause that... Read More

My husband left me and he was paying my rent, can my landlord force me to move?

Answered 12 years and 10 months ago by Georges Herman Shers (Unclaimed Profile)   |   6 Answers
If no one is paying rent why should you have a right to stay there? Your arguments would be with your husband, not the landlord, who is entitled to collect rent for the unit.
If no one is paying rent why should you have a right to stay there? Your arguments would be with your husband, not the landlord, who is entitled to... Read More

Is there anything I can do or any compensation I can receive to relocate?

Answered 12 years and 10 months ago by Georges Herman Shers (Unclaimed Profile)   |   2 Answers
That depends upon whether you are covered by any rent control laws or if you have a lease term that would be breached.? But if it is a month to month tenancy, as most rentals are, then he just has to give you thirty days notice [60 if you have lived there a year or more].
That depends upon whether you are covered by any rent control laws or if you have a lease term that would be breached.? But if it is a month to month... Read More

Can a landlord threaten my husband to leave?

Answered 12 years and 10 months ago by Steven D. Dunnings (Unclaimed Profile)   |   4 Answers
What does the lease say about eviction?
What does the lease say about eviction?