Free North Carolina Landlord/Tenant FAQs | Free North Carolina Landlord/Tenant Legal Documents

Eviction

Mon, 31 Mar 2008 13:32:20 GMT

In North Carolina a landlord may evict tenants by a special court procedure called summary ejectment if the lease is breached or terminated. A landlord in North Carolina may not use selfhelp such as cutting off utilities or locking tenants out of their homes in lieu of summary ejectment. The Clerk of Superior Court in your county has the forms and information you need to bring a summary ejectment action in magistrate`s court. In addition, accelerated evictions may occur for tenants and all members of the tenant`s household if criminal activity (such as drug trafficking) has occurred.

Late Fees

Fri, 20 Jun 2008 02:14:02 GMT

A landlord may impose, pursuant to a rental agreement, a late charge on any rental payment five days or more late, of the greater of $15 or 5percent of the rental payment, but no more. A late fee may be imposed only one time for each late rental payment and may not be deducted from a subsequent rental payment so as to cause the subsequent rental payment to be in default.

Who Owns What?

Tue, 29 May 2007 21:19:00 GMT

Tenants should be aware that unless they have an agreement with their landlord saying otherwise, any improvement the tenant makes to the rental property may become a part of the real estate, thus belonging to the landlord at the end of the rental term. Tenants should be aware of this before they install or affix anything to the real estate such as carpeting, bathroom fixtures, light fixtures, shutters, shrubs, etc.

Your Duties As A Landlord

Sat, 15 Mar 2008 17:14:22 GMT

As a landlord you have a duty:

To comply with current applicable building and housing codes;
Make all repairs and do whatever is necessary to put and keep the rental premises in a fit and habitable condition;
Keep all common areas in safe condition;
Maintain in good, safe working order, and promptly repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances which you have supplied or are required by your agreement or any law to supply after you have been notified by the tenant of any defects in writing (in emergencies such notice does not have to be in writing).
to provide and install batteryoperated or electrical smoke detectors and to place new batteries in a batteryoperated smoke detector at the beginning of the lease.

You must perform any other duties required by your rental agreement. You may also be required to allow a tenant with a disability to modify the premises and accommodate that tenant`s needs. Except in emergencies, you must notify your tenants in writing of any breaches by the tenant of duties imposed on him by law.

Your Duties As A Tenant

Tue, 29 May 2007 21:19:00 GMT

As a tenant you have an obligation:

To pay your rent as agreed and do other things required by your lease.
To keep your home clean and safe. Get rid of trash and garbage in a clean and safe way. use the toilet, sinks and baths in proper ways and keep them clean.
Not to damage or let any of your family or guests damage your home. If you do, you are responsible and the landlord will not have to repair damage caused by you or your guests. However, you are not responsible for ordinary wear and tear or damage caused by nature or people you do not permit to come into your home.
To comply with any and all obligations imposed upon tenants by current applicable building and housing codes.
To replace the batteries as needed in a batteryoperated smoke detector and to notify the landlord if the smoke detector needs to be repaired or replaced. To not render the smoke detector inoperable and to not knowingly permit anyone else to do so.
Vacate the premises at the end of the term, leaving them in good, clean condition. If you holdover at the end of the term and the landlord continues to accept rental payments from you, unless your rental agreement otherwise provides, the law may deem you to have entered a new term of lease according to the same terms as your rental agreement. For example, if you have a lease agreement for a oneyear term and holdover at the end of the term you may be bound to an additional oneyear term. To protect yourself you should make a thorough inspection of premises you intend to rent and set out in writing any damages or defects in the premises existing when you take occupancy, so that you will not be held responsible for them at the end of the term. If something goes wrong with your home which is the landlord`s duty to fix, you should let him know in writing what needs to be repaired and you must give him a reasonable amount of time to get the repairs done. What amount of time is reasonable depends on the nature of the problem. Leaks, a broken furnace in winter, and bad wiring, etc., should be corrected promptly. It may be reasonable, however, for a landlord to take a few weeks to repair other problems.
If the problem is a real emergency, your notice to the landlord does not have to be written, but it is always wise to give a dated written notice and keep a copy for yourself.

REMEMBER: The landlord`s obligation to perform his duties is dependent on your performance of your duties as a tenant.

Your Rights As A Landlord

Tue, 29 May 2007 21:19:00 GMT

If you are a landlord, you can rent your property for whatever amount you choose, although you may not raise rent during the term of a lease and you must give proper notice to your tenant of any change if there is a periodic tenancy (weektoweek or monthtomonth). You may rent to whomever you wish and you may set any terms in your rental agreement you wish, provided that they are not contrary to local, state or federal laws. You do not have the right to relieve yourself of duties imposed on landlords by the law. While generally you may refuse to rent to anyone, you may not discriminate against a tenant or prospective tenant because of his race, color, religion, ancestry, sex, country of birth, handicap or familial status. The prohibition against discrimination based on familial status makes it illegal, in most circumstances, to refuse to allow children to live in a residential unit. You may evict a tenant, who violates any provision of your rental agreement, which you and the tenant have agreed is a ground for eviction. Failure to pay rent is always grounds for eviction. You may reserve the right to enter, inspect and make repairs on or show the rental property at reasonable times and in a reasonable manner. You have the right to have your property returned to you in the same condition as it was when the tenant took possession, with the exception of ordinary wear and tear and damage done by natural forces or people other than the tenant or his guests.

Your Rights As A Tenant

Tue, 29 May 2007 21:19:00 GMT

As long as you fulfill your legal duties and the requirements of your rental agreement, you have the right to exclusive possession of property you rent or least for the term of the rental agreement. However, even as you exercise your basic right to privacy, your landlord may retain in the lease a right to inspect your dwelling at reasonable times and in a reasonable manner. If your landlord does not live up to his duties as set by law and the terms of the rental agreement, you have the right to:

complain to him,
complain to appropriate government agencies, such as your local building and health departments,
exercise your rights under law or the rental agreement which you have signed,
join with other tenants to secure your rights.

These rights may be exercised without fear of eviction. In addition, if after reasonable notice, your landlord fails to carry out his legal duties, you have the right to move out of the dwelling you are renting, thereby ending your rental agreement. Moreover, you have the right to seek relief in court if the landlord fails to fulfill his duties. If you seek relief in court and the court decides in your favor, it may reduce the amount of rent you must pay until the landlord fulfills his duties, and/or award you money damages. Tenants may not withhold rent payments in order to force the landlord to fulfill his duties without the permission of the court.

If your rental agreement was prepared by your landlord, the law provides that in the event of a dispute between you and the landlord, any unclear terms or conditions should be interpreted in your favor.

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