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Can a landlord evict on a verbal lease agreement in NC? No late rent issues at all I only filled out a rental application.

Raleigh, NC |

I paid the rent faithfully to the said landlord and from dec to march and received a letter On March 8th stating that the month to month lease is terminated to move on or before april 8.No reason.sent by a attorney representing a mans name and company of which i know nothing of Ive paid my rent to a person of a totally different name. This arises after I have asked continously for repairs that have been ignored. I do have a rental application with rent amt and dep as well as a paper filled out by the landlord stating when is rent due name of landlord and addrr of landlord emergency contact is this binding?I feel its retaliation due to unfailed repair request I

Attorney Answers 2


This answer does not create an attorney/client relationship.

It appears you may be able to raise the defense of retaliatory eviction. This is controlled by statute 42-37. If you look up North Carolina General Statutes 42-37.1 through 42-37.3 it will explain the law.

In summary, a landlord cannot evict you for filing a good faith complaint about repairs being needed. If you are evicted within 12 months of making such a request, you can raise this defense. You have the burden of proving that the eviction is substantially related to your complaints. You can do this by showing you have never missed a rent payment and are fulfilling your duties as tenant.

The landlord can make counterclaims to defeat your defense. These include but are not limited to arguing:
1) You or your invitees are responsible for the damages.
2) You didn't pay your rent
3) He wants your house so he can live there himself.

Please review the statute I have told you about to familiarize yourself with all the subtleties of this law. I also highly suggest you speak to a lawyer regarding your case. Often there are many pro-bono organizations that work with people fighting their landlords. I hope this is helpful.

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The landlord is entitled to evict a month to month tenant on seven days notice according to NCGS 42-14. It is possible that a magistrate could find retaliatory eviction, based on the failure to make repairs but you would have to proof that that was the reason for the eviction. The landlord can usually come up with many other reasons for the eviction. If you need more time to find a new place you may just want to discuss that with the landlord.

This is not legal advice and does not create an attorney client relationship.

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