Landlord/Tenant Law

In a rental situation, both the landlord and the tenant have duties under state law. The tenant has to pay all rent legally due under the lease and take care not to damage or destroy the property. The landlord has certain maintenance and repair obligations, which cannot be waived in North Carolina, even if it says so in the lease. Tenants should not withhold rent payments without first speaking to an attorney.

Under the SCRA, if a servicemember has paid a deposit or made a payment toward a contract for the purchase of real property (like a house) before entering military service, that contract may not be rescinded or terminated for a breach of the contract terms while the servicemember is on active duty.

Real or personal property secured by a mortgage, trust deed, or similar, that was owned by the servicemember before military service cannot be sold, foreclosed upon, or seized based on a breach of such a secured obligation during the period of military service or nine months after without a court order or a written agreement in which the service member agrees to waive certain rights.

Additionally, Title III of the SCRA provides protection against eviction from a primary residence and protection against repossession of property.

All Title III protections are applicable to dependents of servicemembers if the dependent’s ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember’s military service.

Contact us if:

  • You are facing eviction during a period of military service
  • You are or were unable to pay your rent during a period of military service
  • Your landlord has unfairly held on to your security deposit
  • You need to break your lease because of deployment or PCS
  • You have another landlord tenant issue you’d like to discuss

 

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