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Landlord / Tenant
Law
What
are some of the responsibilities of the
residential landlord and tenant?
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. 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. Tenants must advise
the Landlord promptly of needed repairs and
the Landlord must act to correct the same.
There is also a specific Act controlling the
responsibilities of vacation rental
properties.
Can
I evict a tenant if it isn't working out?
It depends. You must have a legitimate reason
to evict the tenant. For example, you can
evict a tenant for nonpayment of rent, breach
of the lease agreement or criminal activity
(under Article 7 of Chapter 42 or maybe under
your lease agreement) or holding over (staying
beyond the end of the lease term).
How
do I evict a tenant?
You will need to file a Complaint in Summary
Ejectment and a Magistrate Summons. You may
wish to have legal assistance in filling out
these papers.
What
is a lease?
A lease is a written or oral agreement that
sets out the rules landlords and tenants agree
to follow in their rental relationship. It is
a legal contract full of crucial business
details, such as how long the tenant can
occupy the property and the amount of rent due
each month.
What
should be included in every lease or rental
agreement?
You should always include the following:
- Names
of all tenants.
- Who
will be occupying the premises.
- Term
of the tenancy.
- Rent
amount.
- Deposits
and fees - include where the security
deposit will be held!
- Repairs
and maintenance responsibilities.
- Entry
to rental property rules.
- Restrictions
on tenant criminal activity.
- Restrictions
on Pets.
- Other
House Rules/ Regulations.
What
are my lease options?
Since the lease can give you many remedies and
protect you to the fullest extent of the law,
we recommend using a lease written to NC law.
For example, for residential properties, we
draft the lease for the AANC. We can also
review a lease you are considering or draft
one for you for your use.
Click here to
contact us about your case.
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