RALEIGH PROP SUSPENSION!

Greetings Triangle Landlords!

We have good news, however temporary it may be.

When going to the City of Raleigh's Probationary Rental Occupancy Permit (PROP) page you are currently greeted by the following announcement:

Notice!

Application of the City of Raleigh's PROP Program has been temporarily suspended due to impending revisions to the ordinance. For that reason, the criteria and accompanying procedure associated with PROP will not be available until a resolution has been approved.

 We had heard rumors that PROP had been suspended but these were not confirmed until recently. Hopefully this is not the calm before the storm. It is not a secret that the City of Raleigh was generating substantial revenue from rental registrations. It is also not a secret that following the passage of SB 683, an act that limited cities ability to charge rental registration fees, seriously cut into Raleigh's rental registration revenue. There have been proposals put forward whereby the city will recoup its lost revenue through fines that will reach as high as $10,000.00 per property! 

You may wonder what you can do as a property owner or manager. There are a few things. You can join your local Apartment Association of North Carolina affiliate such as the Triangle Apartment Association, and donate to there political action committee. Also, when the PROP changes are introduced, attend the City council meetings and voice your opposition.

We will keep you posted about PROP changes as they are introduced

Warmest regards,

Norm D. Praet, Esq.

TRIANGLE RESIDENTIAL RENTAL INSPECTION UPDATE

This week I am going to update you all on what is going on in the Triangle with respect to rental inspection and one other issue:

Raleigh:  It appears that Raleigh is maintaining the status quo on PROP. There was a proposal to greatly increase penalties, and reduce chances to remove or reduce strikes, but it appears to be on hold. There have even been rumors that PROP enforcement been suspended.

Durham: Durham begun inspecting rental homes on July 1, 2012 under their PRIP program. They are inspecting zones 1 and 2 of their map that you can see by clicking here. Current reports are that the Durham PRIP inspectors are having difficulty gaining access to the majority of the rental homes. Durham Neighborhood Improvement Services continues to request that all eligible rental owners self certify.

Wendel: Wendel is close to instituting an inspection program of its own.


Wake County Apartment Association: The Wake County Apartment Association has suspended its meetings because it does not have a director to plan and run the meetings. After many years T. Furlow of Deaton Investments has stepped down. Any rental owners looking for a comparably focused group should visit the Independent Rental Owners meeting of the the Triangle Apartment Association. Currently, they are meeting every other month, but this may change in 2013.

Norm Praet, Esq.
Praet Law Firm, PLLC

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;

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.

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 If you would like any further information please feel free to call us at (919) 627-7261.