Tenant Law in North Carolina

Relationships between landlords and tenants in Gaston County, North Carolina can get combative. It's difficult to be a tenant or a landlord. If one or both parties are not aware of their legal rights and obligations, conflicts can arise.

Landlords and tenants have several rights and responsibilities. What follows is a partial list of the rights that landlords and tenants have, and the corresponding duties of the other party.

Landlord's Rights in Gaston County, NC

Landlords are, of course, entitled to collect rent from their tenants. If a tenant fails to pay the agreed-upon rent, the landlord is typically able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.

Also, landlords have a right to be compensated for damage a tenant causes to a rented unit, either intentionally or negligently. Landlords have a right to deduct repair costs from tenants' security deposits, unless the damage was caused by usual wear and tear, for which tenants are not liable.

Tenant's Rights in Gaston County, NC

Most essentially, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to confirm that the units they rent meet Gaston County, North Carolina's minimum standards for habitability. These requirements are usuallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.

Furthermore, tenants are entitled to common areas which are reasonably safe and clean, and free of physical obstacles. Areas such as lobbies, hallways, stairwells, and fire escapes must comply with the building codes of Gaston County, North Carolina. Furthermore, any other unreasonable safety hazard, even if it doesn't violate a specific provision of a building code, can create liability for the landlord if it injures a tenant.

Under the laws of North Carolina, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Furthermore, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to allow the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.

Lastly, the laws of most states safeguard tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).

Can a Gaston County, North Carolina Landlord/Tenant Lawyer Help?

Landlords and tenants almost always prefer to prevent conflict. In a perfect world, tenants would pay rent on time, and landlords would always provide the services that they're being paid for. As we know, the world isn't perfect. When circumstances demonstrate the world's imperfection, a Gaston County, North Carolina real estate attorney can help, whether you're a landlord or a tenant.