Best Landlord & Tenant Lawyers in Raleigh

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Phelps Dunbar LLP.

Phelps Dunbar LLP.

Raleigh, United States

Founded in 1853
300 people in their team
Our health law attorneys represent hospitals, physicians, managed care organizations and other health care providers throughout the Southeast as...
English

About Landlord & Tenant Law in Raleigh, United States

The Landlord & Tenant Law in Raleigh, North Carolina is a legal framework that governs the relationship between landlords and tenants. Landlord & Tenant Law is designed to establish a fair and equitable balance of power between landlords and tenants, by setting forth their respective rights, duties, and obligations. This includes topics such as rental agreements, security deposits, the process for eviction, property maintenance, and so forth.

Why You May Need a Lawyer

You may need a lawyer to help protect your rights and interests in a landlord-tenant dispute. This may include issues such as an improper eviction, a security deposit retention, negligence resulting in injury on the premises, or a violation of the agreed-upon lease terms. A landlord might need legal help in dealing with problematic tenants, or in legally terminating a lease. Legal representation is beneficial in such cases as these situations can get complex and require a good understanding of the Landlord & Tenant Law.

Local Laws Overview

The Landlord & Tenant laws in Raleigh, North Carolina, function under the state's "North Carolina General Statutes Chapter 42: Landlord and Tenant." This statute covers a wide array of subjects including security deposits, the rights and obligations of both landlords and tenants, terminating the rental agreement, and eviction process. One specific local law involves the "Retaliatory Action" clause, section 42-37.1, which protects the tenant from eviction or retaliation if they file a complaint about unsatisfactory living conditions.

Frequently Asked Questions

What is the required notice period for eviction in Raleigh?

The amount of notice required often depends on the duration of the lease period. For week-to-week tenancy, a two-day notice is generally enough. For month-to-month leases, a seven-day notice is required. However, the specifics may vary depending on the lease agreement.

Does the landlord have the right to enter the rental property?

Yes, landlords have the right to enter the rental property for reasons such as inspections, repairs, or showing the property to prospective tenants. However, except for the cases of emergency, landlords are required to give reasonable notice before entry.

Are landlords required to return security deposits?

Yes, by law, landlords in North Carolina are required to return security deposits to tenants, less any legal deductions, within 30 days of lease termination.

What are tenants' rights in relation to repairs?

Tenants in North Carolina have the right to a habitable living environment. If landlords fail to make necessary repairs to sustain that, tenants have the right to plead to court for remedies.

Can landlords increase the rent during the lease period?

No, landlords can't increase the rent during the fixed-term lease period unless it is specifically stipulated in the lease agreement.

Additional Resources

North Carolina Justice Center, North Carolina's Legal Aid offices, and the HUD office in North Carolina are excellent resources providing legal assistance and guidance on Landlord & Tenant Law. The North Carolina Consumers Council (NCCC) also offers resources and advice for tenants.

Next Steps

If you find yourself needing legal assistance in a Landlord & Tenant issue in Raleigh, ideally, you should seek consultation with an experienced lawyer who specializes in Landlord & Tenant Law. Reach out to local legal aid offices, law clinics, or legal referral services to find the right assistance based on your particular situation and budget.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.