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;
2. ABANDONED PROPERTY:
a.
Donate raised from $500 to $750
b.
Discard raised from $100 to $500
3.
PARTIAL PAYMENT OF RENT:
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.
Legal Disclaimer This site is intended for general informational purposes only and does not provide any legal advice nor create any attorney-client relationship. Statutes and case law vary from jurisdiction to jurisdiction. Information presented here may not be applicable to any individual situation. You should consult a licensed attorney in your jurisdiction for legal advice relating to your specific situation. The opinions expressed herein are those of the author and not of Praet Law Firm, PLLC. All material in this blog copyright 2009-2012.
