North Carolina Common Disputes

What should I do if my landlord tries to evict me without going through the court process?

If your landlord tries to evict you without a court order, such as by changing the locks or shutting off utilities, this is an illegal "self-help" eviction. You may have a legal claim against the landlord and could seek an emergency court order to regain access to your home.

How long do I have to appeal an eviction judgment?

In North Carolina, you have 10 calendar days to file an appeal after an eviction judgment is entered against you in small claims court. The 10 days include weekends and holidays.

What are the requirements for a landlord to evict me for a lease violation?

To evict you for a lease violation, the landlord must have a written lease with a "forfeiture clause" allowing lease termination for that violation. The landlord must also prove you actually violated that specific lease term and demanded you vacate before filing the eviction case.

Can I get rent abatement if my landlord fails to make necessary repairs?

Yes, if your landlord fails to make needed repairs in a reasonable time after being notified, you may be entitled to rent abatement. You would need to prove the repair issues exist, that you notified the landlord, and how the issues negatively impacted your use of the property.

What should I do if I believe my landlord is evicting me in retaliation for complaining about repairs or other protected activities?

Retaliatory evictions for tenant complaints or asserting legal rights are prohibited. If you believe your eviction is retaliatory, you can raise this as a defense in court. Timing and context of the eviction in relation to your protected activities are key to proving retaliation.

What are the four legal reasons a landlord can evict a tenant in North Carolina?

The four legal reasons for eviction in NC are: (1) nonpayment of rent, (2) holdover after lease ends, (3) breach of lease conditions, and (4) certain criminal activities. The landlord must specify the reason when filing the eviction complaint.

How can I prove my landlord knew about repair issues if I need to make a counterclaim for rent abatement?

You can prove your landlord knew about repair issues by providing evidence such as written repair requests, photos of the issues, housing inspector reports, or witness testimony. Notifying the landlord in writing helps create a paper trail.

What rights do I have as a victim of domestic violence in a rental situation?

In NC, landlords cannot evict, refuse to rent to, or retaliate against tenants because they are domestic violence victims. You have the right to terminate your lease early in some cases and can request lock changes for protection.

Can I withhold rent if my landlord doesn't make repairs?

In North Carolina, tenants do not have the explicit right to withhold rent for lack of repairs. However, you may be entitled to rent abatement by raising the issue as a defense or counterclaim if the landlord sues you for nonpayment of rent.

What should I do if I can't afford the court costs to appeal an eviction judgment?

If you can't afford court costs, you can file a Petition to Proceed as Indigent (fee waiver). The court will generally approve this if you receive certain public assistance, are represented by a legal services organization, or swear under oath that you cannot pay.