Security Deposits ◊ Landlord must give tenant written notice of the name of the bank that is holding the ten- ant’s security deposit or the name and address of the insurance company providing a bond to cover the security deposit, if not in a bank in North Carolina. ◊ After the tenant moves out for any reason (including eviction), the landlord must give the tenant a written account of any items deducted from the deposit and refund the balance to the tenant. The landlord has thirty (30) days from the time the tenant moves out to give this accounting and refund. ◊ A landlord may keep part or all of the security deposit for: Back rent owed to the landlord Costs for repairs of damage beyond normal wear and tear Lost rent and expenses for finding another tenant if ten Security Deposits, ant moved before lease ended. Court costs, if evicted. Late Fees & Evictions Late Fees ◊ A late fee may only be charged after the rent is five days late. ◊ The fee may only be $15.00 or 5% of the monthly rent, whichever is greater. For Section 8 units, the fee cannot exceed 5% of the portion of rent the tenant pays. Under ◊ The fee may only be charged once per month. It cannot be increased based on the num- North Carolina Law ber of days past the payment date. The information contained in this brochure is presented by Northwest Piedmont Council of Governments to inform property owners of their rights under NC Law. The informa- tion is from the NC Justice Center. It is not intended to serve as a substitute for legal advice. Evictions The landlord or tenant may appeal the hearing decision within 10 days. The tenant may stay in the unit while the case is appealed if the tenant gets a “Stay of Execution” from the court. Evicting a tenant requires that the landlord follow the process set out by North Carolina law. The tenant must pay rent to the Court if it is due during the appeal process—unless ordered If the term of the lease is ending, the landlord does not have to renew the lease. However, not to pay by the Magistrate. The landlord must not accept rent from the tenant during the there must be a written lease with a specific term, and the landlord must give written notice eviction proceedings. to the tenant that the lease will not be renewed and ask them to vacate within a reasonable period. If the tenant loses final judgment in court, the landlord obtains a writ of possession from the Clerk of Court, which the Sheriff’s Office executes within 7 days. The Sheriff will order the If the tenant does not move after being asked to vacate (because the lease has ended or for tenant to leave and padlock their belongings inside. other cause), a landlord may evict a tenant legally only by getting a court order. The landlord may not evict by changing locks or padlocking, turning off utilities and/or appliances, using The tenant will have ten days to get their belongings. They must contact the landlord and threats or any way other than through the court. arrange a time during regular business hours (or another time by agreement) to come and remove the property. Grounds for Eviction ◊ Nonpayment of rent If the tenant does not remove their belongings within those ten days, the landlord may dis- ◊ Staying after the lease has ended pose of the property in any way s/he wishes. ◊ Breach of the lease ◊ Certain criminal activities A tenant may not be evicted for ◊ Complaining or requesting that the landlord make repairs; How Evictions Work ◊ Complaining to the housing inspector, health department or any other government agency about repair needs or unhealthy conditions; The landlord must file a legal complaint with the court, stating grounds for the eviction. The ◊ Any honest attempt of the tenant to enforce their rights under the lease or under state complaint must be served on the tenant by the Sheriff’s Office. Attached to the complaint will or federal law; be a summons stating where and when a court hearing will be—usually within 10 days. ◊ Any honest attempt to organize, join or become involved with any group of people who are trying to help tenants. Nothing in writing needs to be filed by the tenant. Eviction is a remedy if the tenant has breached the lease. It is the landlord’s responsibility to evict.
Pages to are hidden for
"Eviction Notice North"Please download to view full document