North Carolina Landlord And Tenant Legal Questions

Your rights and landlord's duties as well as what how to enforce such rights or deal with a breach of duties, will all be governed by the terms of your lease which we assume is in writing. But generally speaking, if you are only a renter, you have the option but not requirement to have renter's insurance for your personal contents but the landlord (presumably the actual property owner to the building) should have homeowner's insurance and it would be a shock if his Lender (assuming he has a loan) did not require it. You should consult with an attorney to have you lease reviewed and to help you pursue the landlord!... Read More

Unless you and your friend have your own separate agreement (preferably in writing or some other "good" evidence) regarding the duties/liabilities of each other in such a scenario, your signing on as a cosigner is agreeing to be just as liable to the landlord as she, and just as a backup as some people thing. Landlord can go after who ever is listed on the lease and since there is nothing improper with that, there doesn't seem to be any good grounds to then turn around and try to recover from her for the same.... Read More

Tenant rights always boil down to what is/isn't listed in the terms of the actual lease documents, which in this case sounds like you may have one document between you and the landlord, and then another separate agreement/contract with Pathways? Though, it may all be part of one 3-party contract, which is possible. You should consult with an attorney to review your documents and see if there are any grounds to fight/negotiate with the other sides.... Read More

I'm not really sure what you mean by the apartment is "illegal", perhaps not up to building codes Or maybe some sort of criminal activity is going on? Either way, assuming there is a written lease, the terms of that contract govern your rights as well as options to leave, stay, rent increases, etc. You should consult with an attorney to review that with you, and especially if the landlord is acting improperly based on the terms of the lease, to write a demand letter for you and/or deal with any legal action against him or defending anything he might bring.... Read More

I suppose you could try begging for mercy. That was his money, not yours and you had no right to use it for your benefit, given that someone else was taking care of him. While you might have legal issues, including criminal issues, you need to go to the people in charge and tell them you need help to figure out what to do.... Read More

You can sue them, but it will not do any good. I am sure the approval documentation states that all documents must be in order, etc. Despite what the loan officer said, it is in the hands of underwriting and if underwriting does not approve, there is no loan. I suggest you do your best to get that tax transcript as soon as possible.... Read More

Unfortunately, there is no such motion to do so. If both of you own a home together, you both have equal legal rights to the property (unless a deed or other document says otherwise), including the right to have guests on the property. Unfortunately, you have no legal right to keep him off the property if she invites him there. If she also, wants him to stay away, you both can simply consider him a trespasser and call the police to have him removed if he comes to the home. The only other way to keep him away from the property is if either of you have a protection order against him to stay away from either of you. To get such an order, he would have had to have made direct threats or physically injured one of you.... Read More

Unfortunately, you need to change your lease. As a landlord, without restrictions from adjusting the thermostat, you can't really do so. In locking up the thermostat, the tenant might have a claim for constructive eviction against you or whomever did it, although this is not a very strong claim in these circumstances. The ONLY way to evict a person in NC is to go through the court process. You have to file eviction papers with your county small claims court to evict. You need to state a ground for the eviction, so if your lease does not say anything about the thermostat, you will have a difficult time. If the lease is month to month or is running out, just give notice that you will not renew the lease, and then if they stay, they are a holdover tenant which is one of the grounds for eviction.... Read More