Housing Questions and Answers

  • My landlord is taking me to court for non-payment of rent. What do I do?

    If the only reason for your eviction is for non-payment of rent, you can avoid the eviction. At the hearing, before judgment is entered, tell the magistrate that you have the amount of money owed plus the court costs. The magistrate must dismiss the landlord's complaint. (Review the instructions on "Tender of Rent")

  • My landlord is taking me to court for reasons other than rent owed. What do I do?

    If your landlord is evicting you because you have done something prohibited by the lease or failed to do something required by the lease, you must first be sure that the lease specifies the conduct alleged by the landlord. It should also be clear in the lease that violation of that specific requirement gives the landlord the right to evict you. You can avoid the eviction if you can show that you did not breach the lease or that, even if you did, there is nothing in the lease that specifies that the specific conduct alleged will result in your eviction.

  • I went to Magistrate's court and lost. What do I do?

    You can appeal. You have ten days from the day that the judgment was entered to appeal. If you want to remain in the rental property during the appeal, you have to post a bond. The process to appeal may be complicated. Contact the Legal Aid office in your area for further help. (Review the instructions about the appeal process and bond)

  • I have received a notice from the Sheriff saying that I must be out or the Sheriff will padlock the rental property. What do I do?

    You have received a writ of execution. This is an order telling the Sheriff to restore possession of the rental property to your landlord. This means that a judgment evicting you was entered and you did not appeal the judgment. The sheriff will come and order you to vacate the rental property. You have ten (10) days from the day you were removed by the Sheriff to remove your personal belongings.

  • The property I rent, needs repairs and the landlord ignores my request. What can I do?

    Make the request for repairs to your landlord in writing. Keep a copy of the letter. Give your landlord a reasonable amount of time to repair. If your landlord does not respond or refuses to make repairs, contact the local legal aid office. You can also contact the local building inspector if you have worries or concerns about the health and safety of you or your family.

  • I rent from subsidized housing and I have received a letter of termination. What does this mean?

    The notice of lease termination is required before you can be evicted from subsidized housing. The notice tells you the reasons alleged by your landlord for terminating your lease. It should specify the date when your lease will end. The notice will also give you your right to appeal and your right to request a hearing or to request a meeting or conference. Follow the directions in the letter to request a conference or hearing. You should contact the local legal aid office for further help. If you do not move out by the date specified in the notice of termination your landlord will have to proceed with legal process to evict you.

  • Can I withhold rent if my landlord refuses to repair?

    Withholding of rent is prohibited by the North Carolina Landlord/Tenant Act. It is complicated and it is better to consult an attorney before withholding rent.

  • I moved out and my landlord has not refunded my security deposit. What can I do?

    After you have moved for thirty (30) days or more you are entitled to a refund of your security deposit or an itemized accounting from your landlord. The charges against the security deposit are controlled by the Landlord/Tenant Act. Your landlord can charge against the security deposit rent owed, damages and court cost, if any. The balance of your security deposit, after subtracting any legitimate charges, must be returned to you.

Housing Brochures and Other Resources

 

Back  |  Top

Disclaimer

The materials contained on this website are for information and educational purposes only and do not constitute legal advice. Please contact your Legal Aid of North Carolina office or a private attorney if you need to speak to an attorney regarding your particular situation. See our complete disclaimer.

Mission Statement

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity.

Back  |  Top