Tenant Law in North Carolina

Relationships between landlords and tenants in Oak Island, 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 various 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 Oak Island, 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 normally able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.

Moreover, 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 responsible for usual wear and tear, over which they have little control.

Tenant's Rights in Oak Island, NC

At the most basic level, tenants have a basic right to what they're paying for: a habitable living environment. Consequently, landlords in Oak Island, North Carolina must ensure that the units they rent to tenants meet some basic standards for human habitation. These requirements vary from state to state, but are often fairly easy to meet. There are no legal criteria that rented units be pretty, particularly spacious, or luxurious. They simply have to be fit for human beings to live in them. To be considered "habitable," rented units must have water, electricity, some form of heating (if the local climate necessitates it), and adequate protection from the elements (proper insulation, no roof leaks, windows that close, etc.).

Moreover, 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 Oak Island, North Carolina. Moreover, 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. Moreover, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to permit 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 Oak Island, 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 cases demonstrate the world's imperfection, an Oak Island, North Carolina real estate attorney can help, whether you're a landlord or a tenant.