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 - Page 5
Do you have any North Carolina Landlord And Tenant questions page 5 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

When renting a house what is considered binding?

Answered 13 years and 3 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   3 Answers
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Yes if you have no agreement you can rent to someone else
Yes if you have no agreement you can rent to someone else

When renting a house what is considered binding?

Answered 13 years and 3 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers
You should send them a cancellation just to be clear. You don't want them showing up with somebody else in the house.
You should send them a cancellation just to be clear. You don't want them showing up with somebody else in the house.

How can I get an eviction extension?

Answered 13 years and 3 months ago by Peter Holzer (Unclaimed Profile)   |   6 Answers
You need to see local government (city and county). There are programs for people with disabilities.
You need to see local government (city and county). There are programs for people with disabilities.

What can I do if I received an eviction notice without giving me 30 days?

Answered 13 years and 3 months ago by Peter Holzer (Unclaimed Profile)   |   7 Answers
How long have you lived there. You may be entitled to 60 days. BUT if you're delinquent in rent (or have otherwise breached the lease), you're' entitled to only 3 days.
How long have you lived there. You may be entitled to 60 days. BUT if you're delinquent in rent (or have otherwise breached the lease), you're'... Read Answer

Does an appeal for an unlawful eviction stops the eviction process?

Answered 13 years and 3 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   5 Answers
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That will stop the eviction so long as you comply with the statutory requirements for appeal.
That will stop the eviction so long as you comply with the statutory requirements for appeal.
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Yes if you signed the lease.
Yes if you signed the lease.

If something happens to other people's belongings, whose responsibility it as far as replacing it would be concerned?

Answered 13 years and 4 months ago by James T Weiner (Unclaimed Profile)   |   4 Answers
They are allowed to store their stuff as tenants/invitees of your aunt. Thus your aunt is potentially liable. Your aunt should have homeowners insurance to cover the personal property.
They are allowed to store their stuff as tenants/invitees of your aunt. Thus your aunt is potentially liable. Your aunt should have homeowners... Read Answer

If something happens to other people's belongings, whose responsibility it as far as replacing it would be concerned?

Answered 13 years and 4 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   4 Answers
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Depends on what happensif a fire or water, the owner if someone steals things, then the thief unless a door left openusually you store your belongings at your risk.
Depends on what happensif a fire or water, the owner if someone steals things, then the thief unless a door left openusually you store your... Read Answer

Can I move without legal ramifications from the landlord?

Answered 13 years and 4 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   3 Answers
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Yes you can this is an illegal tenancy.
Yes you can this is an illegal tenancy.

Is it legal for the landlord to take the plumbing issue off my back rent?

Answered 13 years and 4 months ago by Sandeep Gopal Agarwal (Unclaimed Profile)   |   5 Answers
I am not sure what you mean by "back rent." But, in California, plumbing is an issue basic to the tenancy of a unit which must be maintained and repaired by the landlord at his expense unless the tenant damages the plumbing.
I am not sure what you mean by "back rent." But, in California, plumbing is an issue basic to the tenancy of a unit which must be maintained and... Read Answer

Can a property management be sued for crimes against their tenants?

Answered 13 years and 4 months ago by Sandeep Gopal Agarwal (Unclaimed Profile)   |   4 Answers
Hard to say - were there previous incidents of crime that the property management company was aware of or should have been aware of? What type of security measures currently exist on the property, if any? Was this a first time event? There are other factors that go into answering this question.... Read Answer
Hard to say - were there previous incidents of crime that the property management company was aware of or should have been aware of? What type of... Read Answer

My brother now says itโ€™s his home and wants to now buy it do I have to sale it to him?

Answered 13 years and 4 months ago by Gerald A Bagazinski (Unclaimed Profile)   |   9 Answers
Probably none. You need to evict him and start over with a new tenant.
Probably none. You need to evict him and start over with a new tenant.
That doesn't sound right. You need to bring to paperwork in to a lawyer, who can decipher it better.
That doesn't sound right. You need to bring to paperwork in to a lawyer, who can decipher it better.

What can I do if I'm getting sued but I do not have money if I lose?

Answered 13 years and 4 months ago by Frances Ann Headley (Unclaimed Profile)   |   4 Answers
First of all be sure to attend the hearing with any witnesses you have to present your side of the case. But in the event you lose be sure to tell the court that you have no money and will need a payment program. The court should be willing to give that to you.
First of all be sure to attend the hearing with any witnesses you have to present your side of the case. But in the event you lose be sure to tell... Read Answer

How many days do I have to move out after receiving a notice from my landlord since they gave me only 16 days?

Answered 13 years and 4 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   6 Answers
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You do not have to legally move until and unless a court issues an order. That could be a month or more away.
You do not have to legally move until and unless a court issues an order. That could be a month or more away.

How many days do I have to move out after receiving a notice from my landlord since they gave me only 16 days?

Answered 13 years and 4 months ago by Sandeep Gopal Agarwal (Unclaimed Profile)   |   6 Answers
In California, a landlord has to first give a 3 day, 30 day, or 60 day notice before he can proceed with an unlawful detainer action to evict a tenant. After that, it can take as long as 60 - 90 days for a tenant to be removed by court order.
In California, a landlord has to first give a 3 day, 30 day, or 60 day notice before he can proceed with an unlawful detainer action to evict a ... Read Answer

What recourse does my husband I have as far as making the Realtor leave?

Answered 13 years and 4 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer
They have a lease, you have the right to tell them to leave at the end of their term. In North Carolina, if they did into sign the new lease, then their lease expired. Give them 30 days notice to leave and if they don't file for eviction...should be a slam dunk as they are then holding over and there is no defense to that other than the lease is still in effect...where it is not. As for the "oral" agreement. NC does not enforce oral agreements for the sale of land, if they tried to sue to enforce the oral contract they would lose.... Read Answer
They have a lease, you have the right to tell them to leave at the end of their term. In North Carolina, if they did into sign the new lease, then... Read Answer

What rights do I have in a foreclosure and what should I do as a renter?

Answered 13 years and 4 months ago by Sandeep Gopal Agarwal (Unclaimed Profile)   |   9 Answers
What kind of deal did you have with the prior owner? Was it a lease? If it was, you have the right to stay in the residence until the lease ends. Else, you can try to work out a deal with the new owner to continue renting the premises. Else, the new owner has to go through normal channels to evict you which would take, at a minimum, in California 3-plus months.... Read Answer
What kind of deal did you have with the prior owner? Was it a lease? If it was, you have the right to stay in the residence until the lease ends.... Read Answer

Should they deduct part of my rent for whatever time we are unable to use this room?

Answered 13 years and 4 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   4 Answers
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Yes. This is absolutely landlord responsibility and the fact that their insurance does not cover is irrelevantthis is on themboth to replace your mattress and deduct rent for limited use of room
Yes. This is absolutely landlord responsibility and the fact that their insurance does not cover is irrelevantthis is on themboth to replace your... Read Answer

Should they deduct part of my rent for whatever time we are unable to use this room?

Answered 13 years and 4 months ago by Peter Holzer (Unclaimed Profile)   |   4 Answers
Yes, you are right. You have suffered damage because of the landlord's neglect. The landlord's statement that the matter was referred to the insurance carrier is an indication of his/her awareness of culpability. It doesn't matter that the insurer denied coverage. That issue concerns who pays you, not whether you are entitled to compensation.... Read Answer
Yes, you are right. You have suffered damage because of the landlord's neglect. The landlord's statement that the matter was referred to the... Read Answer

Does the original contract I signed stand? Or is the second copy a legal binding document (without my signature)?

Answered 13 years and 4 months ago by Valerie Lynn Kramer (Unclaimed Profile)   |   5 Answers
In theory, an unsigned lease is not binding. However, you cannot provide a copy of the agreement you signed. Since you can't provide a copy, the LL will likely claim that the unsigned lease WAS signed by you, but that the LL cannot find the signed version. You, of course, will testify that you never signed a version of this one year lease. So now it comes down to a "he said/she said" issue in court. In theory, the judge ought to rule in your favor. However, you can never be certain. In the future, ALWAYS get a copy of your signed lease right away and keep at least two copies in separate locations in the event of a fire or other disaster.... Read Answer
In theory, an unsigned lease is not binding. However, you cannot provide a copy of the agreement you signed. Since you can't provide a copy, the LL... Read Answer

Can I get my deposit back if I have not moved in at all and have not spent any time there?

Answered 13 years and 4 months ago by Valerie Lynn Kramer (Unclaimed Profile)   |   3 Answers
Your question is governed by Alabama law, not CA law. You need to ask a lawyer who is licensed in Alabama. Real property is governed by the laws of the state where the property is located.
Your question is governed by Alabama law, not CA law. You need to ask a lawyer who is licensed in Alabama. Real property is governed by the laws of... Read Answer

If the seller of the house goes to a nursing home, will we lose the house if not paid in full?

Answered 13 years and 4 months ago by Gerald A Bagazinski (Unclaimed Profile)   |   5 Answers
You can request specific performance if the parties refuse to perform. You should have an attorney review the contract to apprise you of all your rights.
You can request specific performance if the parties refuse to perform. You should have an attorney review the contract to apprise you of all your... Read Answer

What can be done if my husband walks out on me and our 9 yrs old child to face $1250 rent in 2 weeks?

Answered 13 years and 4 months ago by Peter Holzer (Unclaimed Profile)   |   10 Answers
There isn't much you can do in the short term. Here's your only chance - if your husband is well-compensated, you can file for divorce and seek an emergency support order.
There isn't much you can do in the short term. Here's your only chance - if your husband is well-compensated, you can file for divorce and seek an... Read Answer

Can I add past due rent and get a stay?

Answered 13 years and 4 months ago by Peter Holzer (Unclaimed Profile)   |   6 Answers
Probably not. A temporary loss of liquidity isn't a good excuse for not paying your rent.
Probably not. A temporary loss of liquidity isn't a good excuse for not paying your rent.