Tenant Law in North Carolina
Relationships between landlords and tenants in Mecklenburg County, North Carolina can get contentious. It's difficult to be a tenant or a landlord. If one or both parties are not aware of their legal rights and responsibilities, conflicts can arise.
Landlords and tenants have many 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 Mecklenburg 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 usually able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.
Additionally, landlords can bill the tenant for any damage they cause to the unit, whether it was intentional or negligent. The costs of repairs for such damage can be deducted from a tenant's security deposit, but it should be noted that tenants aren't accountable for normal wear and tear, over which they have little control.
Tenant's Rights in Mecklenburg County, NC
Most basically, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to ensure that the units they rent meet Mecklenburg County, North Carolina's minimum standards for habitability. These requirements are normallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.
Additionally, 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 Mecklenburg County, North Carolina. Additionally, 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. Additionally, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to authorize 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.
Finally, the laws of most states protect 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 Mecklenburg County, North Carolina Landlord/Tenant Lawyer Help?
Landlords and tenants almost always prefer to avoid 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 situations demonstrate the world's imperfection, a Mecklenburg County, North Carolina real estate attorney can help, whether you're a landlord or a tenant.