Legal Question in Landlord & Tenant Law in North Carolina

Hi! My Mother signed a lease at her condo 6 years ago. In the lease she was allowed to have 2 cats, and she paid a pet deposit for both animals. About a month ago she received a notice from the landlord saying that she would no longer be able to have any animals in the unit. Yesterday the landlord showed up with animal control at my mothers door and demanded she turn the cats over to them. When she refused, they handed her an eviction notice. Is this legal?


Asked on 11/20/12, 12:05 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

It depends on what the notice provisions of the lease say. Leases can me modified by either the agreement of the parties or if the lease has notice provisions that allow changes with written notice. If your mom signed the lease 6 years ago, it is likely that that the lease is now a month to month lease, unless they have renewed it or it was a long term lease.

In that case, the lease, most likely can be altered with 30 day notice...(without seeing the lease, this is just an educated guess based on common standards). Now, once she gets that notice, the law says she can give notice to move out, but that the contract has been changed to no longer allow pets. And unfortunately, pet deposits in North Carolina can be non refundable as opposed to security deposits.

My best advise is for your mom to pay rent for December immediately if she has not. There is an old NC Supreme Court case called Winder v. Martin. It states that if the landlord has knowledge of a breach of the lease, they must immediately file for eviction with small claims or district court in your county (the only legal way to evict someone in NC). If rent is taken after knowledge of the breach, then the landlord has waived the breach. In your mom's case, the breach was when animal control came and she refused to let them have the cats.

If rent is accepted before a court action in filed, she should defeat the eviction. This is a short term remedy and all the landlord needs to do is not accept rent for January and re-file. Mom needs a new place to live.

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Answered on 12/06/12, 4:52 am


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