Landlord Tenant Flashcards
Requirement for a lease of term in N.C.?
A lease for a term is subject to the statute of frauds
-it is a conveyance of an interest in land
All leases greater than X years are void if not in a writing?
Three years
Periodic Tenancy rule for termination?
Year to Year?
Month to Month?
Week to Week?
“month to month leases”
Tenancies from year to year: terminated with 1 month’s notice
month to month: terminated with 1 weeks notices
week to week: terminated with 3 days notice
Tenant’s Duties in N.C.
7
(a) keep the part of the premises he occupies clean and cause no unsafe or unsanitary conditions in the common areas;
(b) dispose of all waste, garbage, rubbish, and ashes in a clean and safe manner;
(c) keep all plumbing fixtures as clean as their condition permits;
(d) not deliberately or negligently destroy, damage, deface, or remove any part of the premises or knowingly permit another to do so;
(e) comply with all obligations imposed on tenants by current applicable building and housing codes;
(f) be responsible for all damage, defacement, or removal of property inside a dwelling unit in the tenant’s exclusive control, except for that caused by ordinary wear and tear, acts of the landlord or his agent, de-fective products or repairs supplied or authorized by the landlord, or acts of noninvitee third parties or natural forces; and
(g) notify the landlord in writing
Landlord’s Duties
6
(a) comply with current applicable building and housing codes;
(b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
(c) keep the common areas in a safe condition;
(d) maintain in good working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances;
(e) provide and install operable smoke and carbon monoxide detectors; and
(f) repair or remedy any imminently dangerous condition on the premises (i.e., unsafe wiring).
Tenant Remedies against Landlord
Has to go to court, cannot unilaterally with-hold rent
Landlords Remedies against tenant
Must go through court, cannot use self-help
A retaliatory eviction occurs when?
What happens in N.C.?
Tenant has a periodic tenancy and exercises their rights
Cannot have a retaliatory eviction
North Carolina’s Tenant Security Deposit Act requires that landlords keep the security deposit
In a distinct, separate account, and return it to the tenant at the end of the term
When has a tenant abandoned a premises
Tenant has cleared premises of possessions
+
stopped paying rent.
What can landlord do when tenant abandons the premises?
For residential tenant
- landlord has duty to find a replacement tenant
- original tenant must pay rent until replacement tenant is found
- original tenant acts as a surety for the payment of rents for the replacement tenant over the entirety of original tenant’s term
When can the duty to mitigate damages be waived?
When it is expressed in a commercial agreement only
How can a landlord prevent assignment and subleases?
Include Covenant against transfer
An assignment of a lease is
a transfer of all of the remaining term
A sublease is
a transfer of less than all the remaining term
