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 (919/875-3700) 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 (919/733-7741). 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.
Questions
Answers
In North Carolina, must a
lease agreement be in writing?
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
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names of the landlord and tenant(s),
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location of the property to be leased,
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time period of the lease, and
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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.]
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?
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.
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?
No. Do not rely on a prior oral agreement with the landlord. To
make it "legal," have it written into the lease and initialled by both of you.
Does the landlord have to repaint the
apartment before I move in?
No. The landlord has no obligation to paint an apartment each time
it is rented.
Can the landlord charge me more
because I have a pet?
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.
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?
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.
Can my landlord come into my apartment
periodically just to check its condition?
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.
Does the landlord have to repair anything in
my apartment that breaks down? What if I signed a lease accepting the apartment
"as is"?
The landlord is responsible for some repairs, and the tenant for
others. For example, the landlord must
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Comply with local housing and building codes;
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Do whatever is necessary to put and keep your apartment in fit and habitable
condition;
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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);
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Keep all common areas in safe condition; and
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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
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Keep the rental unit clean (including toilet, sinks, and baths) and as safe as
conditions permit;
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Dispose of trash and garbage in a clean and safe manner;
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Pay the rent as promised and otherwise comply with the lease;
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Not damage (or knowingly let anyone else damage) the property;
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Comply with any duties imposed by local building and housing codes;
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Replace batteries in smoke detectors as needed, and tell the landlord if a
detector needs to be repaired; and
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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.]
Can I withhold my rent if the
landlord does not do the repairs?
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.
Can the landlord evict me
for complaining?
No. Under North Carolina law, you can do the following things
without fear of eviction:
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Complain to the landlord;
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Complain to government agencies (such as housing inspectors and health
departments);
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Assert your rights under the lease;
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Organize with other tenants to assert your rights; and
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Sue the landlord to enforce the lease.
Can the landlord raise my rent during
the term of my lease?
No. Unless the lease states otherwise, you are guaranteed the
agreed-upon monthly rent for the agreed-upon term of the lease. However, you
also give the landlord your guarantee to pay the agreed-upon rent, on time, for
that period.
Can't I always terminate my lease with 30
days' notice to the landlord?
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 a 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.
I'm renting on a
month-to-month basis. What notice must I give to terminate my lease?
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.
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?
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.
My landlord just sold the
property I am renting to someone else. Can the new owner evict me?
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 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.
Am I responsible for paying my
roommate's share of the rent if my name is on the lease?
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
his roommate(s) move out and the full rent is not paid.
What must a
landlord do to evict me?
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 within
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.
Can I pay rent to the
landlord to stop an eviction proceeding?
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.
