Sunday, July 29, 2012

2012 Landlord Tenant Law Changes or How to Accept Partial Payment and Still Evict

On June 11, 2012, the Governor signed House Bill 493 into law as Session Law 2012-17, appropriately entitled "Landlord Tenant Law Changes." Although signed on June 11, 2012, the Law is not effective until October 1, 2012.

The Law passage is due in large part to the efforts of the Apartment Association of North Carolina and the North Carolina Realtors. The Law changes aspects of several different areas of landlord-tenant law. A summary of the changes is set forth below:

1.     APPEALS: Clarifies that tenant is required to pay rent during pendency of case appealed to district court;

a.       Donate raised from $500 to $750
b.      Discard raised from $100 to $500

a.       In an action for ejectment based upon G.S. 42-26(a)(2), the lease may provide that the landlord's acceptance of partial rent or partial housing subsidy payment does not waive the tenant's breach for which the right of reentry was reserved, and the landlord's exercise of such a provision does not constitute a violation of Chapter 75 of the General Statutes.

4.    SECURITY DEPOSIT: Clarifies that upon termination
a.       You may deduct commission to realtor/property manager for reletting if tenant breaches lease.

5.       DEATH OF A TENANT: Streamlines process for removal of tenant possessions and reletting home if tenant passes away.

  The provision that will likely be of greatest interest is the"Partial Payment" provision. It is important to note that that in order to gain the benefit of the statute you must have the language required by the Law included in your lease.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Nothing in this blog shall create an attorney-client relationship. The opinions expressed herein are those of the blogger and not of the PRAET LAW FIRM, PLLC.