North Carolina Lawyers Weekly

Although North Carolina’s General Assembly may not retroactively revoke or amend a cause of action that rests upon or grows out of the principles of common law, the prohibition on landlords charging a tenant default-related fees was purely statutory. The ...

Tagged with: Landlord/Tenant

Where the defendant-landlord did not inspect the pipes in his rental house’s crawlspace before the plaintiff-tenant moved in in 2006, nor at any time during the tenancy, it is for a jury to decide whether the landlord was negligent in ...

Tagged with: Landlord/Tenant

Even though, during defense counsel’s vacation, her staff failed to realize that this summary ejectment matter had been added to an amended calendar, since the attorney received the calendar including the hearing in this matter, the defendant-tenant received actual notice ...

Tagged with: Landlord/Tenant

Even though the defendant-tenant was in default on the parties’ lease due to the tenant’s failure to pay April and May 2020 rent as of May 2020, the plaintiff-landlords waived their right to possession of the leased premises by accepting ...

The record indicates that the parties had a month-to-month tenancy, that the plaintiff-landlord provided timely notice of termination, and that the defendant-tenants held over after the lease was properly terminated. The tenants attempted to explain the history of their unsuccessful ...

From the parties’ evidence about their business arrangement—plaintiff bought houses and defendant renovated them for resale—and about their on-again, off-again romantic relationship, the trial court could find that defendant was living at a Winston-Salem property owned by plaintiff as plaintiff’s ...

    After complaints from the defendant-tenant’s neighbors, the plaintiff-housing authority sent defendant an eviction notice that cited the peaceful-enjoyment provision of the defendant-tenant’s lease. However, since that provision encompasses a broad range of conduct, and since some of that ...

A commercial lease gave the defendant-tenant the option to extend the lease “by giving Landlord prior written notice, at least six (6) months in advance of Expiration Date, or Tenant’s election to extend the term; it being agreed that time ...

The parties amended their ground lease to require the defendant-landlord to subordinate its interest to the plaintiff-tenant’s lender, so long as the amount to be subordinated does not exceed a 60 percent loan-to-value ratio. Contrary to the tenant’s contention, this ...

Plaintiffs allege that their two hangar lease agreements with the defendant-city are month-to-month leases. Under G.S. § 42-14, a monthly tenancy may be terminated by a notice to quit given seven days or more before the end of the current ...