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Who pays for preparing a lease? The Retail Leases Act 1994 (the Act) states that the landlord pays the full cost of preparing the lease, including the mortgagee consent fee. If the landlord or agent asks the tenant to pay the legal costs, the tenant should write to them and refer to sections 3 and 14 of the Act.
Eviction for unpaid rent requires 10 days' notice. Eviction for not vacating the property after a week-to-week lease must have two days' notice, which increases to seven days for month-to-month contracts and a months' notice for year-to-year notice.
In North Carolina, an eviction case is called \u201csummary ejectment.\u201d Landlords can file to legally remove a tenant rented property if the tenant has failed to pay rent, violated the lease agreement, or if other conditions apply.
According to North Carolina G.S. § 47-18, a tenant who is leasing space for a term of more than three years should ensure that a memorandum of lease be executed and recorded in the office of the register of deeds in the county where the property is located.
As a first concern, all leases should be in writing, even if the law does not require it. North Carolina's Statute of Frauds only requires that leases exceeding three years from the making need be in writing.
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The Residential Rental Agreements Act is set out in G.S. Chapter 42, Sections 38 to 44. This law, which was passed in 1977, re-wrote the common law to provide that landlords must maintain residential rental premises to be fit to live in, and to make clear that a tenant's right to such housing cannot be waived.
Notice Requirements for North Carolina Landlords A landlord can simply give you a written notice to move, allowing you seven days as required by North Carolina law and specifying the date on which your tenancy will end.
A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in North Carolina must follow specific procedures to end the tenancy.
No, residential lease agreements do not need to be notarized in North Carolina. As long as the contract exists and both parties have agreed to it, it is legally binding and it does not have to be notarized. Of course, the landlord and tenant can agree to have the lease notarized if they wish, but it is not required.
The rights of North Carolina tenants include the right to fair housing, security deposit protections, freedom from landlord retaliation and rights for victims of domestic violence.