Legal Question in Real Estate Law in North Carolina

The rights seem slanted their way, yes.

But there's a reason: landlord's control of a renter's HOME is an incredible amount of power.I'll debate the point a bit more in a second, but first let me answer your question.

You haven't done all you can do, actually. You're doing the right things (but the notary is over the top, really -- I've never heard a lessee claim the signature wasn't his [ and that he just happened to move into an empty apartment ??? ]; that wouldn't work.)

I assume you have them fill out a rental application which asks for the social securitynumbers and gets their permission to check their credit ratings. Join the region's landlord bureau and use their system to report and find outabout rent-beaters.

I THINK this is legal, but I don't know for certain ... I practice in Mass. and don't know any of yourstate's laws, but ... for renters under 30, ASK for parent's co-signatures. Get theparent's to fill in the application so you have their social security numbers and can run a credit check on them(and presumably mar their credit report if their kids skip out and they don't pay you). Also be sure to have those "incase of emergency contact" names / relationship / phone number and addresses and use that like another reference to check.

Get the maximum security and rent deposits you can under your law and considering your market.

Take photos on your walk-through; have the tenant hold up a newspaper showingthe headline and have tenant sign the back of one saying what date the walk-throughoccurred. The picture shows it could not have been

Ask for credit card authorizations as additional security! (I just thought of that one;I don't know if it works.) Find a friendly credit card merchant and geta few blank and undated slips from him and put them away somewhere. ActuallyI see that just as a threat, not really something you can use.

Check their driver's license. check their workplace, length of employment, call there to be sure they do work there. Those peoplecan help you (whether you know it or not) to track down a runawaytenant later.

See next message.

The rights seem ... continued.

MOST IMPORTANT: "What back rent?" ... that was my first reaction when you wrote about the lockout. Don't allow a back rent to accumulate.Make it pro forma, no matter how much you love and trust a tenant, to start eviction proceedings as quickly as you can ... they can always becancelled (and probably must be) when the rent comes through. Stay righton top of that. (A day or two or a weekend isn't too much to let slide and ourstate won't let you start the process that early, but those 4, 5, etc. day-latepayments spell a problem. When you've started that eviction process a second time,you might be able to carry it through even if the rent comes in; think about it.

I'll find and send you some ADDITIONAL suggestions on a friend's website, though he'sa Mass. lawyer also, if you write back to me. He wrote a whole landlord's manual.

Keep the apartments in good shape, especially over health-related issues: hot water working,clean common garbage areas, etc. This is not just a nice suggestion: I'm sure you know thatyou can lose big if you don't. Here, the state prevents evictions while bad conditions exist.

Imagine if you a) on short notice had no home or b) unable to afford your rent, found yourself locked out of your apartment without any of your clothes and other belongings? In this state, you could well have been locked up for locking out the tenant, I think for 6 months. You also get penalized civilly ($$$) for 3 month's rent and other "damages" almostautomatically.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

Landlord's Rights

For accurate information, hire an attorney licensed in NC.

I have written and published on this subject in Georgia. Landlords and tenants both have rights, they are just different rights. We mostly only represent landlords. Experience had show that the most imp thing you can do to protect yourself is PAY THE $30 DOLLARS FOR A CREDIT REPORT AT THE BEGINNING. Bad credit reports usually follow bad tenants. Call the previous landlord and if you can the landlord prior to him or her. One landlord we represent demands to visit the place the tenant is presently renting (if in state). That is too much diligence for most, but his default record is near zero. Get your lease signed and use a standard lease that you are confortable using. Have a consistent policy about filing dispossessory actions. One landlord, files on the 10th day regardless of the whining explaination, etc. Every tenant gets a dispo. One of the TV Infomertial landlord authors in Atlanta has a system that starts the dispo on the 5th of each month, if the rent is not paid. I think that it is too costly to start that early, but I cannot argue with his sucess rate.

Credit screening is by far your most effective tool, and too many landlords are simply too cheap to pay for it each and every time.

You cannot discrim against who you rent to, but watch the following patterns. 3 or 4 unmarried males renting a property together have caused my clients lots of grief. The property ends up being a frat house and it is impossible to pin the blame for damage when you get to court.

Make EVERY single person who lives in the house sign the lease. No execptions. No sublets without your written permission.

You cannot discriminate, but avoid renting to lawyers, people who work in law offices and anyone connected with real estate. Multiple years in court has shown me --- antecdotially -- that these types are quick to file counterclaims, once the dispo is filed against them.

And, do not do stupid things. Do not cut off the utilities; do not change the locks without a court order, etc.

Good Luck