Clean up code in the NC Lease Agreement

Aug 6th, 2022
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How to clean up code in the NC Lease Agreement

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[Music] hello again everyone Im attorney Robert fleshes before you enter into a residential lease agreement as a tenant or if youre a landlord drafting a rental agreement to give to a tenant you really need to watch this video Im going to tell you about seven possible provisions that could be included in the lease that could be illegal rendering the entire lease void which means the lease isnt enforceable and if you find this video helpful please consider subscribing to my channel remember that every state has different landlord tenant laws but the seven contract terms that Im going to discuss in this video are probably illegal in most states the illegal terms that Im discussing do not impose criminal liability on the landlord first lets talk about the form of the lease many landlords download boilerplate leases from the internet in order to avoid paying attorney to prepare a valid and effective residential lease or to pay for a state-approved lease containing enforceable terms

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42-14. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy.
Tenant to maintain dwelling unit. (a) The tenant shall: (1) Keep that part of the premises that the tenant occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises that the tenant uses.
In North Carolina, there is no specific law on landlords right to access the property. It means that landlords may enter the property without prior notice if they have justifiable reasons to do so. In emergency situations, landlords may enter without tenants permission.
42-14. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days.
The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.
Habitability is defined by the local building code, along with North Carolinas rental law. Local codes often prohibit peeling paint, pest infestations, sewer malfunctions and fire hazards, though some of these prohibitions apply only to multi-family rental units.
(N.C. Gen. Stat. 42-51 (2023).) There is no state law prohibiting landlords from charging nonrefundable cleaning fees.
Q1: Section 42 of the Landlord and Tenant Act 1987 (the 1987 Act) requires service charges collected by landlords from their tenants (including leaseholders) to be held in one or more accounts, which are deemed to be held in trust.

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