North Carolina General Legal Blog

Commercial landlord sues WeWork over noise complaints

On behalf of Triangle Law Group posted in contract disputes on Thursday, November 7, 2019.

Commercial lease agreements in North Carolina and around the country often include terms that limit noise or other disruptive behavior, and tenants may face legal consequences when these conditions are ignored. An office building landlord in California recently filed a breach of contract lawsuit against the coworking company WeWork because other tenants complained about construction noise that was allegedly so loud it made conducting normal business impossible. The litigation is the latest in a string of setbacks for WeWork that began in August with a failed initial public offering.

The first tenant to complain was a think tank that informed the landlord about loud and continuous hammering and drilling shortly after WeWork began tenant improvements in May. WeWork signed a 10-year lease for 13 floors of the building in November. The second complaint was made by a French private school that returned to the building in August to prepare for the fall semester. The noise allegedly prevented the school from holding classes.

Second Chance Gala 2019

By Laurie Gengo of Triangle Law Group posted in blog on Tuesday, November 5, 2019.

Every year, Triangle Law Group (TLG) attends Second Chance's Evening of Pawsibilities Gala to help raise money to help homeless animals in North Carolina. This year, the ever-growing event was hosted at the Raleigh Convention Center since last year's sold out like crazy! The TLG employees donned their finest dresses and suits and everyone felt a little like a movie star (if only just for the night)!

Liability for construction defects in North Carolina

On behalf of Triangle Law Group posted in construction litigation on Wednesday, October 30, 2019.

Each year in North Carolina, people suffer harm because of construction defects. Homeowners may face staggering losses from poor or shoddy construction and architectural design. When construction defects are discovered, property owners have the right to seek legal remedies against the architects, contractors, subcontractors, or engineers who are responsible for the problems.

Construction defect claims may be based on theories of negligence, breach of warranty, breach of contract, strict liability, or fraud and misrepresentation. Companies and professionals in the building industry are required to use a reasonable degree of skill and care that is expected of others in their particular trades. When they fail to use the degree of care that is expected of them, they may be liable to pay damages to the homeowners.

Qualities you should look for in your health care POA

On behalf of Triangle Law Group on Tuesday, October 29, 2019.

Perhaps one of the most difficult aspects of creating an estate plan is recognizing that a time may come when you are no longer in control of your circumstances. For example, when you pass away, someone else will take possession of your belongings. However, what happens if you become too ill to speak or to express your wishes with your family or your doctor?

An important part of your estate plan is a health care power of attorney, which designates someone you trust to make those critical decisions for you. Since this is a delicate and serious duty, you will want to choose someone who has integrity and who understands your desires. There are also practical matters to consider. This may not be as easy as it sounds.

How to create a valid rental agreement

On behalf of Triangle Law Group posted in landlord/tenant matters on Wednesday, October 23, 2019.

When a tenant leases a property, he or she will generally do so under the terms of a rental contract. The rental contract will spell out the rights and obligations of both parties throughout the term of the lease. It must also contain the start and end date of the contract as well as the monthly rental rate. In North Carolina, the lease can be either written or verbal. However, the best practice is to have a written lease signed by the landlord and all tenants.

Tenants enjoy several basic rights such as the ability to sue their landlords and to recover some or all of their security deposit after they vacate the property. They also have the right to live in a safe and quiet property, and a landlord may not put language into a contract that waives any of these rights. Ideally, a lease will contain as many details as possible to prevent misunderstandings between a tenant and landlord.

What should I know before buying a foreclosed house?

On behalf of Triangle Law Group posted in contract disputes on Friday, October 18, 2019.

Buying a foreclosed home can help you save money on the purchase, which is a real plus to real estate investors and house-flippers. However, these transactions are quite different from traditional home sales, and it's important that you enter into the process fully informed. Forbes explains a few things you should expect when buying a foreclosed home

Foreclosed homes are sold as-is, which means any issues become your responsibility as the new owner. Accordingly, you should have money available for repairs and renovations so you can address any issues the home may have. Because the bank wants to sell the home as quickly as possible to recoup their losses, foreclosed homes are often sold at auction. In this case, you may need to have cash or certified check equalling the full purchase price of the home ready when attending the auction.

How can I find a good roofing contractor?

On behalf of Triangle Law Group posted in construction litigation on Wednesday, October 9, 2019.

Your roof is a vital component of your home, which is why it's so important to find a quality contractor when you need repairs. It can be difficult to make an informed decision, especially when there are so many local contractors to choose from. That's why BobVila.com offers the following tips on how to find a roofing company you can depend on.

Make a list of potential companies

How can you get payment from a business that owes you?

On behalf of Triangle Law Group on Friday, October 4, 2019.

You work hard, and while you may find great satisfaction in your work, you also want to get the pay you deserve for your efforts. When you work with other businesses, such as supplying materials for construction or subcontracting on a project, you may find it part of the job to wait for your pay until those above you get their money. However, what happens when the money never gets down to your end of the supply chain?

As distasteful as it may seem to take collection actions against another business, you may have no choice. You have your own chain to adhere to, and every job you do brings in money you need for your business as well as your family. When you are dealing with a business owner who will not pay what he or she owes you, it is not unreasonable to seek legal assistance about your options.

What should I do if my tenant stops paying rent?

On behalf of Triangle Law Group posted in landlord/tenant matters on Thursday, October 3, 2019.

It can be difficult for landlords when a tenant gets behind on rent. While you want to be understanding about extenuating life circumstances, it's also important that your tenant honors the terms of the lease he or she signed. According to Landlordology.com, the following steps can help you address the issue with as little hassle and stress as possible.

Before pursuing any legal avenues, have a talk with your tenant as soon as the rent is late. Putting off a discussion or waiting too long will only set a precedent for future issues, which could result in rent not being paid at all. Informing the tenant that the rent must be paid immediately or further action will be pursued will show that future late payment will not be tolerated. While it may seem harsh, having a polite but tough talk early on can benefit both landlord and tenant in the long run.

What problems can arise during a closing?

On behalf of Triangle Law Group posted in contract disputes on Friday, September 13, 2019.

Closing on the home of your dreams is an exhilarating experience, that is until something goes horribly wrong. Unfortunately, there are a lot of issues that can prevent a closing from going through, and it's important that you're prepared for any last-minute hangups to ensure you're able to purchase the home you've chosen. Zillow.com explains a few of the most common closing issues and what you can do to avoid them.

Closing problems can sometimes involve the title. Undiscovered liens or money owed to contractors for past work performed can sometimes lurk in the background. Additionally, these problems will become yours once the property is in your possession. Make sure you're fully aware of any title issues by requesting a copy of the title report. Once it's in your possession, read through it diligently to identify any possible problems.