North Carolina Tenants Rights
Renters and landlords can sometimes come into conflict. Like many states, North Carolina has laws in place to protect renters from unscrupulous or negligent landlords. The laws cover several aspects of the landlord/tenant relationship, and provide tenants with legal recourse should they encounter problems.
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A Livable Home
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The house the tenant is living in must be maintained by the landlord, so that it meets or exceeds the local housing code. These items include things like maintaining a solid roof and walls that do not leak, working doors and locks and plumbing that functions properly. The house also has to meet minimum safety standards with regard to electrical wiring and smoke detectors. All appliances that came with the home must function properly. In the event that the landlord does not meet these requirements, the tenant may file a civil suit for damages, attorney fees and court costs.
Deposits
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The landlord may charge the tenant no more than the equivalent of two moths rent as a security deposit. Whatever amount the tenant then gives to the landlord, the landlord must then give the tenant a document naming the bank the monies have or the name of the company insuring that amount. When the tenant leaves, the landlord must return all deposits monies not used used for back rent or damages to the tenant within 30 days, along with a document detailing any subtractions from the deposit.
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Late Fees
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Landlords may only charge the tenant a late fee when the rent is more than five days late. They may not impose a fee greater than five percent of the amount of the rent or $15 dollars (depending on which is greater).
Eviction
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To legally evict a tenant, the landlord must get a court order. This can only be done by having the sheriff serve the tenant with a notice of the time and place of the court hearing regrading the eviction. If the hearing goes against the tenant, he has 10 days to appeal. Any attempt on the part of the landlord to circumvent this legal procedure by doing things like changing the locks or turning off utilities is illegal.
Punitive Actions
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Landlords are forbidden from taking punitive actions like eviction as a response to legally protected activities the tenant may engage in, such as demanding repairs, filing complaints with government agencies like the health department, or organizing or joining a tenants rights association.
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References
- Photo Credit casa 1 image by fabio costa from Fotolia.com
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Comments
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What can I do about a home I am renting (1 month now) where there is a significant "draft" throughout and it is now causing my kids to "sniffle" and for me to keep sinus trouble. We keep the heat on 75-80 to keep the draft away and the winter has not truly set in yet. This will be significantly expensive this winter I am sure. HELP!
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How can a landlord get by with giving you a deposit check made payable to you and squeeze an ex-roommates name in after yours , in ink of another color. He and I went to my bank, of they wouldn't have anything to do with it. I don't know who is the worse , the landlords or the so called guy that says he is there attorney, who sent my the check and wouldn't let me pick it up. His name is not on the stationary, nor do they say his name, Jeff Davis when you call that office. I'm waiting to here back from some legal advice to find out how to handle this mess.
