Landlord Tenant: Rights and Remedies
Landlord and Tenant Rights, Wilmington NC: Wondering what landlord or tenant rights and remedies are?
Your two sources to reference are North Carolina Law and your lease agreement. The rights and remedies available to you under your lease are highly fact specific and if you are unsure of what your lease provides, you should contact an attorney to review the specific facts of your case.
North Carolina Law:
Security Deposits
How much can a Landlord charge for a security deposit?
Weekly rental – 2 week’s rent
Month to Month Rental (no lease) – 1 and a half month’s rent
Rental term of more than one month – 2 month’s rent
What must a Landlord do with Tenant’s Security Deposit?
The Security Deposit is held by the landlord during the lease, but it is not the landlord’s money. The landlord must hold the Security Deposit in Trust as well as give the tenant with the name of the bank where the deposit is being held.
After the tenant vacates the property, the landlord has 30 days to give the tenant with an accounting of any charges to the security deposit as well as a refund of any remaining funds.
The Implied Warranty of Habitability
Every landlord has the obligation to make sure that the rental properties that they are providing to tenants are fit and habitable. What obligations does this place on a landlord?
Promptly repair damage to the property which is more than cosmetic in nature.
Keep the heating, plumbing, electrical and sanitary systems on working order.
Fix broken appliances (if provided by landlord).
Install smoke detectors on every floor.
Keep common areas in apartments clear and in safe working order.
Obey the local Housing Code.
How about Obligations of the Tenant?
Notify the landlord of any needed repairs. You should always do this in writing to the landlord’s address listed in the lease agreement via certified mail.
Do no damage to the property. Generally, damage caused by a tenant or his or her guest(s) is the responsibility of the tenant.
Keep the property clean and tidy.
What Remedies are Available to Tenants for a Landlord’s Breach?
Rent Abatement. A judge may award tenant the difference between the real rental value and the fair market value (the rent amount) due to the deficiencies in the property.
Treble Damages and Attorney’s Fees. In certain circumstances, the tenant may be entitled to punitive damages in an amount equal to 3 times actual damages and attorney’s fees.
The court may force the landlord to make the needed repair with an injunction.
The North Carolina Attorney General’s Office also has an online publication that you can view here.
Please review our post on evictions in North Carolina if you want to know the specific process of how a tenant is legally removed from a property.