Whether
you own one rental property or hundreds of
apartment units, being a successful property
manager can be a challenge. For almost half of
a century, Hatch, Little & Bunn, LLP has
proudly protected the rights of individuals
and businesses in the North Carolina. We
look forward to working with you. Read on to
learn ABOUT OUR PRACTICE or ABOUT NORTH
CAROLINA LANDLORD-TENANT LAW or contact us about your case
via our
online form.
ABOUT OUR
PRACTICE
Our clients range from individual
property owners with a handful of properties
to national owners and property management
companies that oversee thousands of units. We
bring a special perspective to the practice:
Bart and Bill were both magistrates in Wake
County and Betsy was a law clerk for two
judges on the North Carolina Court of Appeals;
we utilize our experience "from the
bench" to assist our clients in
evaluating claims and legal options. Our
extensive knowledge crosses legal disciplines,
which enables our attorneys to offer you
assistance in multidisciplinary conflicts with
tenants involving issues such as criminal
activity, domestic violence, environmental
issues, and premises liability. We can assist
you with:
-
Lease and application revisions
-
Dispute resolution
-
Summary ejectment
(evictions)
-
Civil lawsuits (small claims,
district or superior court) for money owed and
damages
-
Appeals
-
Tenant Security Deposit
Act compliance
-
Fair Housing Defense
-
General questions that arise in the course of
your daily business.
To find out more about
how our attorneys can help resolve your
Landlord / Tenant issues, please contact Hatch, Little & Bunn, LLP
today at
(919) 856-3940 or via our
online form.
ABOUT
NORTH CAROLINA LANDLORD-TENANT LAW
A landlord
is the owner of a piece of real property who
leases it to another person, the tenant.
Generally the tenant uses and occupies the
real property in exchange for the payment of
rent. Rental property that is used as a
residence is a "residential lease",
while "commercial leases" refer to a
business' lease of the rental property.
While
the relationship between landlord and tenant
is governed by the terms of the lease
agreement, state and federal laws dictate that
certain requirements be met and cannot be
changed regardless of a lease agreements. For
example, all residential landlords are
responsible for delivering and keeping the
rental property in accordance with North
Carolina's Residential Rental Agreement Act
and complying with the Tenant Security Deposit
Act. Tenants are also bound by provisions of
the Residential Rental Agreement Act,
including paying rent on time and keeping the
occupied premises as clean and safe as
conditions permit.
A question we are often
asked is whether the landlord can lock a
tenant out of the premises (known as
"self-help"). Generally, commercial
landlords may provide for self-help in their
leases, and you will need to look at the lease
to determine whether self-help is a remedy
available to you. However, North Carolina law
prohibits residential landlords from using
"self-help" eviction, even if the
lease says they can.
A residential landlord
may not simply change the locks or otherwise
impede the tenant's ability to enter the
premises even if the tenant fails to pay the
rent, rather they may seek possession of the
premises by taking a formal court action
called a "summary ejectment." The
eviction process is begun by filing a
complaint in summary ejectment and a
magistrate summons, which costs $65 in court
costs and $15 for service on each tenant. The
court date is usually set for approximately
ten days after you file the case. At small
claims court, you will need to present what
the terms of the lease were and what the
tenant did to breach those terms. If you win,
the court will give you a judgment for
possession. After ten days, unless further
action is taken, the judgment becomes final
and you can request that the sheriff come to
lock out the tenant through a writ of
execution. After the sheriff locks out the
tenant, you must permit the tenant to retrieve
their personal property during business hours
(or another time you both agree to) over the
next ten days before you throw out their
property. While this is a general overview of
the summary ejectment process, it is not
intended as a substitute for legal advice.
Please contact our office for additional
information relative to your particular case
or contact us via our
online form.
LINKS:
Property Management Group of the Triangle
Triangle
Apartment Association
Apartment Association of North Carolina
National Apartment Association
The North Carolina Court System
Click here for frequently asked questions about Landlord / Tenant Law.
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