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The relationship between you (the tenant) and a landlord
begins when you enter into a contract-typically a lease. The terms of a lease generally
are not dictated by law. However, many of the duties that you owe to each other are
controlled by statutory law and cannot be "bargained away". This pamphlet
focuses on questions that frequently arise during the landlord-tenant relationship.
Although the term "apartment" is used throughout, you should be aware that the
questions and answers apply equally to other types of residential rental real estate.
For information on tenant security deposits,
discrimination in rental housing, condominiums and townhouses, and other consumer housing
issues, contact the North Carolina Real Estate Commission (919/733-9580) and request a
free copy of a "Questions and Answers" brochure on any of these topics. Other
written materials are available from the Consumer Protection Section of the Attorney
General's Office (919/773-7741). And for fair housing (discrimination) issues, call the
North Carolina Human Relations Commission (919/733-7996) or your local fair housing
agency. In addition, you may wish to consult a private attorney.
Q: In North
Carolina, must a lease agreement be in writing?
A: No. An oral agreement can establish a
landlord-tenant relationship if it is for a term of less than three years from the time
the agreement is made and includes the - names of the landlord and tenant(s), -- location
of the property to be leased, and - amount of rent to be paid. (Note: if the lease is
required to be in writing, the signature of the party against whom you seek to enforce the
lease is required.)
Q: I filled out an application to
rent an apartment and gave the landlord money to "hold" the apartment for me.
Now I have found another place that I like better. Can I get my money back?
A: Probably not: Money you give to "hold"
an apartment generally can be kept by the landlord. It is the price you pay to ensure that
the landlord does not rent the apartment to someone else. Furthermore, if you have already
agreed to rent a particular apartment for a particular term at a particular price, you may
have created an oral lease; if so, the money may be considered a security deposit which
can be retained by the landlord to the extent necessary to compensate him for your failure
to pay rent.
Q: My landlord gave me a written
lease but it does not include his earlier oral promise to replace worn carpet. Can I rely
on his oral promise?
A: No. Do not rely on a prior oral agreement with
the landlord. To make it "legal", have it written into the lease and initialed
by both of you.
Q: Does the landlord have to
repaint the apartment before I move in?
A: No. The landlord has no obligation to paint an
apartment each time it is rented.
Q: Can the landlord charge me
more because I have a pet?
A: Yes. The landlord may charge extra rent and/or a
nonrefundable pet fee in exchange for allowing you to keep a pet in the apartment.
Furthermore, the landlord may charge more for some types or sizes of pets than for others;
or, may prohibit pets completely. Any agreement you have with the landlord about pets
should be included in the written lease.
Q: If my personal property is
damaged by fire or theft while I am a tenant, will the landlord have to compensate me for
my loss?
A: Not necessarily. Many tenants assume that their
belongings are protected under the landlord's insurance. But unless the fire or theft was
the result of a negligent act by the landlord, he is not responsible for your loss.
Therefore, it is generally a good idea for you to purchase renter's insurance for your
protection.
Q: Can my landlord come into my
apartment periodically just to check its condition?
A: Maybe. Many leases give the landlord the right
to enter the property to inspect it to see if the tenant is complying with his
obligations, to make necessary repairs, to place "for sale" or "for
rent" signs on it, or to show it to prospective purchasers or tenants. Still, entry
must be at reasonable times and upon reasonable notice. If your lease doesn't address it,
the landlord has no right to enter your apartment during the term of your lease.
Q: Does the landlord have to
repair anything in my apartment that breaks down? What if I signed a lease accepting the
apartment "as is"?
A: The landlord is responsible for some repairs,
and the tenant for others. For example,
The landlord must
- Comply with local housing and building codes;
- Do whatever is necessary to put and keep your apartment in
fit and habitable condition;
- Maintain in good, safe working order all electrical,
plumbing, sanitary, heating, ventilating, air conditioning and other facilities and
appliances which he has provided, and promptly repair them when you notify him in writing
they are in need of repair (except in cases of emergencies);
- Keep all common areas in safe condition: and
- Provide and install smoke detectors and replace batteries
at the beginning of your tenancy.
(Note: After the tenancy begins, the landlord may enter a
written agreement with you to pay you or reduce your rent in exchange for repairs).
The tenant must
- Keep the rental unit clean (including toilet, sinks, and
baths) and as safe as conditions permit;
- Dispose of trash and garbage in a clean and safe manner;
- Pay the rent as promised and otherwise comply with the
lease;
- Not damage (or knowingly let anyone else damage) the
property;
- Comply with any duties imposed by local building and
housing codes;
- Replace batteries in smoke detectors as needed, and tell
the landlord if a detector needs to be repaired; and
- Leave the unit clean at the end of the lease and in as good
condition as when you moved in, except for reasonable wear and tear.
(Note: It is important at the beginning of your lease to
note the condition of your apartment on a checklist and ask the landlord to initial it.
That way, you will not be held responsible for damage that existed when you moved in.)
Q: Can I withhold my rent if the
landlord does not do the repairs?
A: No, not without a court order or the permission
of the landlord. Give the landlord a written request for repairs, and keep a copy. If a
reasonable time passes and the repairs are not properly done, you may seek a rent
reduction in Small Claims Court for the decreased value of your apartment. If the landlord
ignores your request to fix the problem and your apartment is uninhabitable, you may be
able to vacate the apartment and end the landlord-tenant relationship under a legal theory
called "constructive eviction." Consult an attorney for advice.
Q: Can the landlord evict me for
complaining?
A: No. Under North Carolina law, you can do the
following things without fear of eviction:
- Complain to the landlord.
- Complain to government agencies (such as housing inspectors
and health departments);
- Assert your rights under the lease;
- Organize with other tenants to assert your rights; and
- Sue the landlord to enforce the lease.
Q: Can the landlord raise my rent
during the term of my lease?
A: No. Unless the lease states otherwise, you are
guaranteed the agree-upon monthly rent for the agree-upon term of the lease. However, you
also give the landlord your guarantee to pay the agreed-upon rent, on time, for that
period.
Q: Can't I always terminate my
lease with 30 days' notice to the landlord?
A: No. If your lease provides for a definite
termination date, you are typically obligated for the entire lease term, even if you have
a good reason for leaving such as illness or job transfer. Only termination due to certain
military transfers is excused. So, if you leave early and the landlord is unable to
re-rent your apartment, he may sue you for the unpaid rent and costs, and /or file a
negative credit report against you.
Some leases allow a tenant to terminate the lease early
under certain circumstances by giving notice. Check your lease to determine if it permits
early termination and what amount of notice is required. If, for example, your lease
allows you to give 30 days' notice to terminate it, typically, you must notify the
landlord at least 30 days before the end of the month in which you propose to leave and
pay rent through the end of that month.
Q: I'm renting on a
month-to-month basis. What notice must I give to terminate my lease?
A: Renting month-to-month is a form of
"periodic tenancy." A periodic tenancy often occurs when a tenant remains in the
apartment after the expiration of the initial lease term. Periodic tenancies have no
termination date and may be terminated by either the landlord or tenant giving notice to
the other. The amount of notice required will usually be set forth in the lease. If there
is no lease, or if the lease does not contain a notice provision, then North Carolina law
allows you to terminate a year-to-year tenancy by giving notice to the landlord at least
one month before the end of the year; a month-to-month tenancy by giving notice at least
seven days before the end of the month; and a week-to-week tenancy by giving notice at
least two days before the end of the week.
Q: My one-year lease has expired,
but I still live in the property and pay rent on a monthly basis. Now the landlord says he
is increasing my rent. Must I pay the increase?
A: It depends upon the terms of the lease. Most
leases provide that when the lease expires, you automatically become a month-to-month
tenant and are no longer guaranteed a particular rental rate. In that case, the landlord
can increase the rent by any amount by giving you the same notice of his intent to raise
the rent that he would be required to give to terminate your tenancy. You may either stay
and pay the higher rent or move out.
However, some leases automatically expire at the end of
the lease term and have no renewal provision. In that case, the landlord may demand a rent
increase in order for you to remain in possession after the expiration of the lease. But
if the landlord accepts your rent payment in the usual amount for the month following the
expiration of your lease, he has effectively renewed your lease for another year at the
old rate.
Q: My landlord just sold the
property I am renting to someone else. Can the new owner evict me?
A: Probably not. If you are a tenant in possession
of the property, the law presumes that the purchaser is aware of your tenancy, and
requires that purchaser is aware of your tenancy, and requires that purchaser to honor
your lease. However, you could be evicted if you agreed in your lease that you would
vacate the premises upon the sale of the property.
Q: Am I responsible for paying my
roommate's share of the rent if my name is on the lease?
A: Yes. If your name is on the lease, you are
legally responsible for the performance of the lease-even if your roommate's name is also
on it. Many written leases require each tenant to be responsible for all rent that is due,
and landlords will usually take legal action against the remaining tenant if this
roommate(s) move out and the full rent is not paid.
Q: What must a landlord do to
evict me?
A: A landlord may evict you for violating a
provision of your lease, but must do so according to lawful procedures. For example,
unless your lease provides otherwise, when you do not pay your full rent, the landlord
must first make a clear demand on you for payment of the past-due rent. Then, if you do
not pay the rent within ten days (or if you have violated your lease in some other way),
the landlord may file a formal "summary ejectment" complaint against you in
court describing why you should be ejected.
Many leases permit the landlord to shorten the ten day
notice period or avoid it altogether by including a "forfeiture" clause. Such
clauses provide that the lease terminates if you do not pay your rent within a specified
number of days after it is due and may require no notice or less than ten days' notice
before the landlord is permitted to begin the summary ejectment proceeding in court.
At the court hearing, you can, of course, raise defenses.
If the magistrate rules in favor of the landlord, you can appeal the decision with ten
days. However, you must pay the appropriate rent to the clerk of court while the appeal is
pending. If you do not appeal in time, or if the landlord wins the appeal, he can enlist
the services of the county sheriff to execute the judgment and evict you. At all times
throughout the process, the landlord must use peaceable means to regain his property.
"Self-help eviction," such as changing the locks, removing your possessions, or
padlocking your door, is not permitted.
Q: Can I pay rent to the landlord
to stop an eviction proceeding?
A: Maybe. It depends on the terms of
your lease. If your lease does not address the issue and you pay or offer to pay the rent
due (and any costs the landlord has incurred), the eviction proceeding is automatically
terminated. If the landlord continues the suit, he will be responsible for your future
legal fees. But if your lease allows the landlord to terminate your tenancy if you don't
pay your rent on time, he can accept your late rent and still seek to evict you. Most
leases today give the landlord this right.
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