Legal Question in Landlord & Tenant Law in North Carolina

I live in NC. I have rented the same apartment for over 13 years. I have now been mailed a homemade eviction notice in which my landlady says "you say we are discriminating against you. Yes we are!" The rent is current and i have no complaints against me in the 13 years. She says in the letter that I may not discuss my eviction with either her or the apartment manager. This seems so wrong in so many ways. What can I do?


Asked on 10/25/13, 2:34 pm

2 Answers from Attorneys

You do not answer the essential questions. Even if you are a model tenant and current on your rent, if you are on a month to month lease then your land lord can decide not to renew the lease at the lease end. If you stay over, then the landlord can bring an eviction action against you.

So what kind of lease are you on? When will it end? The fact that the eviction notice is "handmade" does not affect its validity so long as it gave you the requisite time to leave. However, no attorney can comment on it without seeing it.

More problematic is the landlord's purported admission of discrimination. NC has a fair housing law - the landlord cannot discriminate you. See NC Gen. Stat.� 41A-4 which describes the unlawful acts.

If the landlord has engaged in unlawful discrimination, I would file a complaint with the NC Human Relations Commission.

You may also be able to assert some sort of retaliatory eviction claims if the landlord proceeds to evict you.

I suggest that you go and see a tenant's rights attorney.

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Answered on 10/25/13, 10:23 pm
Kenneth Love Ken Love Law

I agree with Ms. Hunter. I will add that many people though the term discrimination around without much understanding of what it is. Discrimination can only occur when someone is treated poorly only because they are a member of a protected class. The fact that you lived there for over a decade will weaken any discrimination claim.

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Answered on 10/26/13, 11:55 am


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