North Carolina Landlord And Tenant Legal Questions

I would not expect criminal charges. I don't see any crime committed here. The LL is probably right in that you didn't have the authority to sub let the apartment. Usually the lease will prohibit sub letting or will say that to sub let you have to get expressed written permission. Check your lease, if it doesn't say this, then you may not have any issue with the landlord. As for the new tenants. They have no fraud claim against you. Fraud would require them to prove that you knew what you were doing was wrong and mis led them. If you can honestly say you spoke to your landlord and he approved the sub lease then there is no fraud. Further, since they are getting evicted for their own bad behavior, then you probably don't owe them a dime. I suggest you cooperate with your landlord to get these guys out of the unit. In the future, as opposed to sub letting, you should work with your landlord to just have someone take over the lease from him/her.... Read More

You have to look at your lease and the apartment complex rules. If the manner in which you parked your car allowed for it to be towed under the rules, then unfortunately, the tow was valid and you will have to pay to get it back. If it is not valid, you should sue the LL for your damages (money you have to pay to get it back) in small claims.... Read More

It depends on the state you are in and what your lease says, but probably not. Commercial leases usually dont have a warranty of habitability so the heater which is usually an issue with residential leases is not one for commercial leases. See if your lease makes heating the responsibility of the landlord. Do not withhold rent most states do not allow this.... Read More

The original lawyer may take out that part of the retainer he feels compensates him for the work done. I would tell your new lawyer the situation, and ask him to get the retainer [earnest] money from the previous lawyer. If the previous lawyer will not respond, contact the State Bar, and have them contact the previous attorney.... Read More

Call the highway patrol and police. You may be liable to the truck owner and to the tow company for towing, but chances are that nothing will happen. Send out letters to the last known address of the owner and put an ad in the paper. Keep copies of everything to prove you tried to contact the owner.... Read More

If you can, tow the vehicle to their property if they still have a home there. If not, I would send a letter to their last known address and keep a copy. From there tow the vehicle and make sure you tell them where you took the vehicle. I would call the junk yard first and tell them that you are bringing it.... Read More

You can do that, but better practice may be to wait for the offer to come in. Typically, the buyer's agent will draft the offer, which becomes the sales contract when you accept. In addition, you don't know what is important to the buyer. You may address things they don't care about and give them another bargaining chip.... Read More

You can speak to a real property attorney about enforcing the agreement. For the agreement to be valid, it would need to be in writing in a contract or in the deeds granting ownership to the land. Without this, you will have a very difficult case. Further, because you know the road is damaged, the law places a duty to mitigate (minimize) your damages. You will be expected to slow down, use caution, and take other steps to limit your damages as much as possible.... Read More