Tenant Rights Vs. Landlord Rights in North Carolina
The home you rent should be a place of comfort, safety and privacy---not a battleground for disputes with your landlord. Understanding your responsibilities and rights as a tenant, and those of your landlord, will help you enjoy the best possible rental experience. In North Carolina the rules are similar to those in other states, but with a few notable exceptions.
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Getting Started
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Before you rent an apartment, start by asking other tenants whether this landlord is respectful and prompt on repairs. Request a written copy of any Homeowner Association restrictions or other rules that you will be expected to keep. Fill out your application honestly---any inaccuracies can be grounds for rejection. And don't worry---you can't be turned down based on your race, handicaps or family size, according to the NC Fair Housing Act.
Leases
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Get it in writing Although an oral lease is legal in North Carolina, it's hard to enforce in case of a dispute; a written lease ensures that the terms are clear to both parties, even months or years later. Before signing, review the terms for late rent payments, early move-out and responsibilities for lawn upkeep. Make sure the wording is clear on payment due dates---postmarked by the first of the month, or received by then?---as well as rules about pets and visitors.
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Security Deposits
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If you're renting on a monthly basis, you should be charged no more than two months' rent as a deposit, and your landlord must inform you in writing of the bank in which the money is deposited. If you leave a forwarding address when you move, you should have your deposit back within 30 days, although the landlord can keep money to cover damages or unpaid rent and fees, which he should itemize in writing and include with the balance.
Repairs
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Your landlord is required to keep the property in "fit and habitable condition", according to NC statutes. This includes a working smoke detector and, in many cases, a carbon monoxide alarm. You should report malfunctions promptly in writing, but you are not allowed to withhold rent even if the repairs go undone. However, you can sue in small claims court for a partial refund ("rent abatement") for a home in less-than-fit condition.
Rental Payment
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The lease should clearly state the amount of rental payment, when it is due and penalties for late payment. In North Carolina the late fee cannot exceed $15, or 5 percent of the monthly rent, whichever is greater. If you're paying a pro-rated amount for a partial first month, make sure that's spelled out too. Bottom line, get everything in writing--the lease is the key to avoiding future misunderstandings.
Eviction
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"Do-it-yourself" evictions are illegal You cannot be evicted for complaining to authorities about your landlord. The landlord cannot lock you out or have your utilities turned off for breach of the lease, whether for non-payment of rent, excessive damage or any other reason. However, once he begins eviction proceedings, he is under no obligation to accept your rent payment. If the court rules against you, you will have 10 days to file an appeal. But if you or your guests are committing crimes in your property, the eviction process will be expedited.
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References
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- Photo Credit gavel image by Cora Reed from Fotolia.com signing a contract image by William Berry from Fotolia.com locked up image by dvest from Fotolia.com
