What are your rights as a tenant? Here’s how North Carolina lawyers break it down.

Renters facing eviction may find themselves at the Buncombe County Small Claims Court where they can call on several rights as outline in North Carolina law.
Renters facing eviction may find themselves at the Buncombe County Small Claims Court where they can call on several rights as outline in North Carolina law.

ASHEVILLE - Landlords own property, take monthly rent, can file for eviction, and have a lot of power over their tenants.

But tenants have power, too.

A tight and contracting rent market has become one of the worst in the state and country, according to some recent reports. Rising rents, increased eviction filings, and lack of housing stock have led some to ponder a tenants’ union.

In a recent discussion about such a union and tenants’ rights hosted by WNC Just Economics, Pisgah Legal Services housing attorney David Bartholomew outlined a few key points of renters' rights.

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“If you're a tenant, then you're entitled to legal process,” he said. “(If) you get notice of an eviction process, you get a chance to go to court and make your arguments and bring up any defenses and hold the landlord to the burden of proving that they are entitled to go forward with the eviction. You're also entitled to a right to appeal that decision if you don't agree with it from the magistrate or small claims court judge up to a district court judge.”

Lawyers like Bartholomew across the state help people advocate for themselves. Greensboro-based Legal Aid of North Carolina has a seminal guide on renters’ rights meant to serve as a handy, accessible tool for anyone wondering whether their situation has legal implications.

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In conjunction with the Citizen Times’ ongoing reporting on housing and the apartment market in the Asheville Area, what follows are a handful of highlights from this tool, titled "Landlord / Tenant Law," which is also linked and published in the online version of this article at citizentimes.com.

The tool makes clear that it is general information, not specific legal advice.

Those who need legal advice can call Legal Aid's NC helpline at 866-219-5262 or its fair housing helpline at 855-797-3247.

Those at imminent risk of homelessness because of a housing situation can also contact Pisgah Legal Services online or at 828-253-0406 or toll-free 800-489-6144.

Landlord Tenant Brochure by Andrew Jones

Landlord responsibilities

As outlined by Legal Aid of North Carolina, landlords must:

  • Make any repairs needed to keep your place fit and safe.

  • Keep the plumbing, heating, sanitary and electrical equipment in good and safe working order, and provide a smoke alarm. If a landlord provides appliances, like a stove or a refrigerator, he or she must fix them if they break down.

  • Keep the stairs, sidewalks and areas that are used by everyone in the building in safe condition.

  • Obey local housing codes. Many towns and counties have passed laws that say what a fit and safe place should have, such as window screens, hot and cold water, door locks and more. These laws are called the “Housing Code.” To find out if your town or county has a Housing Code and what the Code says, call your town hall or county inspections office.

  • Inform you if he or she sells the property.

  • Tell you in writing of any complaints about the way you are treating the property; and leave you alone while you are living there. There are some exceptions to this rule, such as the landlord’s right to inspect the property, but generally while you rent, it is as if you owned the place.

Tenant responsibilities

As outlined by Legal Aid of North Carolina, tenants must:

  • Pay your rent on time.

  • Keep your place as clean and safe as you can. Get rid of garbage in a clean and safe way. Keep the plumbing (sinks, toilet, bathtub) clean.

  • Not damage your place or let anyone visiting you damage your place. Remember: If your guest damages your rental, you may be responsible. Your landlord may not have to fix damages caused by you or your guest. Your landlord may bill you for the repairs.

  • Give your landlord notice if you decide to move out at the end of your lease. If you have a written lease, usually the amount of notice required is stated in the lease. If not, North Carolina law states that proper notice is:

    • 2 days if you pay rent every week

    • 7 days if you pay rent every month

    • 1 month if the lease is year-to-year

    • 30 days if you own a mobile home and rent the lot

  • Notice does not have to be in writing, but it is always better to write the landlord a letter, date the letter, include the date you plan to move and keep a copy of the letter.

What to do if you are getting evicted

As outlined by Legal Aid of North Carolina, when a landlord files to evict a tenant it's called "summary ejectment." Here's what will happen and what tenants can do about it:

  • The landlord files a summary ejectment complaint after notice to you.

  • The tenant will receive a “summons” from the court. The summons will tell you when/where you should go to court. A copy of the complaint comes with the summons. If you receive a summons, you should contact an attorney immediately.

  • A hearing will be held. The hearing is usually held before a magistrate, who will decide the case. Each side will be allowed to speak. The landlord can ask that you be evicted, ask for money, or both.

  • The magistrate will make a decision. If the magistrate agrees with the landlord that you should be evicted, he or she will enter a “judgment for possession.” The magistrate may also order you to pay rent owed and damages up to $4,000. This order is called a “money judgment.”

  • You have 10 days to appeal the magistrate’s decision. You must file the appeal in writing — you can ask the clerk for a form. If you decide to appeal, the landlord cannot evict you if you follow certain steps.

Want to do more research?

The North Carolina Bar Association also has published a two-page guide on landlord-tenant rights and relationships. This guide is recommended by Pisgah Legal attorneys and is linked and available in full with the online version of this article at citizentimes.com.

Landlords and Tenants by Andrew Jones on Scribd

Andrew Jones is an investigative reporter for the Asheville Citizen Times, part of the USA TODAY Network. Reach him at @arjonesreports on Facebook and Twitter, 828-226-6203 or arjones@citizentimes.com. Please help support this type of journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: What are your rights as a tenant in Asheville? NC attorneys explain.