If you own rental property in North Carolina, it's vital that you're aware of your rights and responsibilities. Remaining in compliance with local laws and statutes is crucial, especially if you experience an issue with tenants. The North Carolina Real Estate Commission answers some frequently asked questions regarding landlord and tenant issues that may occur in the state.
Written Leases Are Not Always Necessary
It's possible for tenants and landlords to agree to a lease verbally as opposed to having a written lease drafted. In this case, the verbal agreement must involve a lease term that is less than three years, and must include the names of both parties, as well as the address of the property being rented. Verbal lease agreements must also include how much rent will be paid monthly, as well as how the long the property will be occupied.
Landlords Are Not Obligated to Compensate Personal Loss
Nearly all landlords have insurance on their property. However, this insurance does not extend to the personal belongings of their tenants. That means damage to this property (whether the result of fire, theft, or other occurrences) is the financial responsibility of the tenant. The only exception is if the damage is a direct result of negligence on behalf of the landlord.
Tenants Are Not Permitted to Withhold Rent
If essential repairs are needed at a property and a landlord fails to act swiftly, a tenant is not allowed to withhold rent until repairs are completed. Instead, tenants must submit a written document stating which repairs are required, and file a motion in small claims court if repairs are not made in a timely manner. Landlords are within their right to evict a tenant for nonpayment of rent in North Carolina, no matter the reason.