North Carolina Renter's Rights
When you rent a house, you have rights that you should be familiar with before you sign a lease. In North Carolina, laws protect both the tenant and landlord. It is important to remember that as a tenant, you are responsible for keeping the property clean and to notify the landlord of any repairs needed. Yet, the landlord has his share of responsibilities as well and you should know what they are.
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Landlord Responsibilities
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North Carolina has housing codes that landlords must adhere to. First and foremost, a landlord is responsible for maintaining a safe building that is free of holes, broken windows or doors, free of rodent infestations and having well-maintained electrical and plumbing systems. If major appliances, such as a stove or refrigerator, are furnished with the home, the landlord is also responsible for repairs and maintenance of these items. If a landlord fails or refuses to make needed repairs or to keep the property in good condition, North Carolina law allows tenants to sue for damages and to force repairs or reimburse rental fees.
Security Deposits
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A security deposit is usually charged to a tenant by a landlord as a way to protect the landlord financially in case the tenant moves out before the lease is complete or if the tenant leaves the property with damage or needing to be cleaned. Yet, the landlord must follow certan rules when charging this money. For instance, the landlord must give the tenant, in writing, the name of the bank holding the deposit. In addition, if the tenant moves out for any reason, the landlord has to provide a written statement showing how the security deposit was spent and any money not spent must be returned to the tenant.
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Late Fees
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A landlord cannot charge a late fee until the rent is a full five days past the due date. When a late fee is charged, it cannot exceed 5 percent of the monthly rental amount.
Eviction
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If for any reason a landlord wants to evict a tenant, he must follow North Carolina law. The landlord cannot change the locks to the property or turn off the utilities, such as the electricity or water, without getting a court order. Even then, a sheriff must serve the eviction notice, not the landlord. When the eviction notice is served, it will have a court summons included advising the tenant of a court date. The tenant is legally allowed to oppose the eviction in front of a judge. If the landlord accepts rent money from the tenant before the court date, then the eviction case is automatically dismissed.
Tenants Seeking Rights
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If a tenant seeks legal advice to force a landlord to carry out his responsibilities, or if the tenant files a complaint with the North Carolina housing authorities or health department, the landlord cannot retaliate by seeking eviction or raising the rent. If the landlord does attempt to take action, he risks being sued for monetary damages and mental distress by the tenant. The only legal means to evict a tenant is if the tenant is in clear violation of the signed lease agreement.
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References
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- Photo Credit Real Estate image by Kerry Adamo from Fotolia.com
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Comments
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what if you are liveing in an apartment complex, and the helper or should I say property manager is saying rasest coments, and is on you case about everything you do what should you do?
