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Posts tagged "Landlord/Tenant Matters"

Landlord retaliation is often illegal

North Carolina tenants typically have rights under state law that landlords must respect at all times. Generally speaking, it is illegal for a landlord to take action against a tenant who is acting within those rights. For instance, a landlord couldn't evict a tenant simply for complaining about a broken pipe or asking that other types of repairs be made. Furthermore, tenants could potentially withhold some or all of a rental payment if they paid to fix issues on their own.

How to properly evict a tenant

Landlords in North Carolina and most other states generally have to follow a process to remove tenants from their properties. Providing an eviction notice is usually the first step in the process of doing so. An eviction could stem from a failure to pay rent, for damaging property or for taking other actions that violate the terms of a valid lease. A tenant could have the opportunity to rectify any issue cited in the eviction notice.

Leases may have flexible or fixed lengths

Those who want to rent property in North Carolina will likely need to sign a lease. Leases may either come with a fixed term or be renewed on a monthly basis. If the lease does not have a fixed term, it can be changed or terminated at any time by the tenant or landlord. A tenant who chooses to terminate a written lease must notify the landlord before moving out in accordance with the lease. Typically, 30 or 60 days' notice is required for either party to terminate the lease after the end of the initial lease term.

What a security deposit can be used for

It isn't uncommon for North Carolina landlords to require a security deposit in addition to the first month's rent before a tenant takes possession of a property. In most cases, the security deposit is meant to pay for any damage that the tenant may cause. However, it is possible that the security deposit will be used to pay any remaining unpaid rent owed during the lease. If the unpaid rent and damages to the property exceed the deposit, then the landlord may charge the tenant additional costs for repairs over and above the security deposit.

Language commonly included in residential leases

Those who rent houses or apartments in North Carolina will likely need to sign a lease. While an agreement may be customized to some degree, certain clauses must generally be included in any lease. For example, the names of everyone who is a party to the agreement must be listed on the document itself. It should also say how long the agreement lasts and how much a tenant will pay the landlord each month.

Eviction for tenants and landlords

Although eviction of a tenant from a rented property may appear to be something that can be accomplished in a matter of days, it is actually a process that can take anywhere from a few weeks to several months. How long a person has to vacate in North Carolina depends on several factors, including whether the eviction is with cause.

How to protect against an eviction

Landlords in North Carolina and throughout the nation have the right to evict a tenant for a variety of reasons. However, tenants who are facing eviction have defenses against an attempt to remove them from a home or apartment. For instance, a tenant may assert that he or she wasn't given sufficient notice prior to being evicted or that an eviction notice wasn't delivered properly.

What should I do if my tenant stops paying rent?

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. 

Landlords, tenants and carpet replacement

There are so many different issues that can affect landlords and tenants, it can be difficult to pinpoint one. In this post, however, we will focus on carpet replacement from the perspectives of landlords as well as tenants. There are a number of legal matters that may need to be taken into consideration when it comes to carpet replacement, but we will cover some of the most common issues that arise. Carpet can be at the center of a dispute between a landlord and their tenant(s) and can even lead to litigation. As a result, it is imperative to be aware of your rights and responsibilities.

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