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How to Evict a Tenant in North Carolina

    The most common reason for a landlord to evict a tenant is if the tenant fails to pay rent. Another reason may be if the tenant stays in the property after the lease has run out. This is called a “holdover tenant.” But how exactly does a landlord evict a tenant? 1. Give notice to the tenant.   The landlord needs to make the tenants aware that they will try to evict them. The tenants also need to know why the landlord is trying to evict them. The landlord should look closely at the lease to see how to do this. It should...

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Commercial Landlord Tenant Law: Listen to the Lease!

    Landlords and tenants in commercial leases have the same goal: staying open for business! But we all know that despite people’s best intentions, things can go wrong. Commercial leases are no exception. Let’s talk about some “Do’s” and “Don’t’s” in commercial landlord tenant law.   Read the Lease!   A lease is a private contract between two parties. A good lease should account for all of the problems that might arise in a landlord/tenant relationship. Landlords should make sure that the lease clearly spells out the procedure they can follow if needed. For instance, what can the landlord do if the tenant fails to...

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Contributory Negligence

You may be wondering what contributory negligence is. Contributory negligence is a defense that if the accident was your fault in even the slightest way, you will not be able to recover any money from the opposing party. There is good news and bad news for to this. The good news is that many states in this country have a different approach in that the amount you are responsible for the accident comes out of the money you are awarded. The bad news is that North Carolina is not one those states. North Carolina still recognizes contributory negligence which means...

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NC Landlord/Tenant Law 101

Many families and individuals today are choosing to rent over owning their own home especially with all of the new apartment buildings sprouting up all over Charlotte. Renting can provide certain benefits over buying that many find attractive, including little maintenance, no property taxes or home owners’ insurance, and less commitment. However, when disputes between a landlord and tenant arise, the living situation in a rental home can become difficult. Knowing your rights as a tenant or landlord may help to resolve disputes or avoid them all together. The laws governing the relationship between a landlord and a tenant are complex...

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