Chapter 11 Landlord and Tenant

covers the conditions upon which a tenant may possess, occupy, and use the property

Ensures that only habitable residential units are rented. Implied warranty of habitability - to supply fit and habitable premises to the tenant.

Gives the tenant the ability to leave the premises without penalty if the landlord doesn't keep it habitable.

The landlord is liable for injuries that occur in common areas when they have negligently failed to maintain safe conditions.

Maintain the dwelling unit; clean and safe, take responsibility for any damages to property. Not withhold rent without court order.

The legal process of eviction in NC.

If lease was in place before foreclosure, the tenant may remain until end of lease period.  However, if new owner wants to use it as primary dwelling, the tenant is entitled to 90 days notice to vacate premises.

The tenant is not the mortgagor or the child, spouse, or parent of the mortgager; the lease is an arms-length transaction; the rent cannot be substantially less than fair market value.

Regulates the amount of money that can be required as a security deposit and what the landlord can do with the deposit.

2 weeks rent, one and one-half months' rent, two months' rent

Place it in a trust account or obtain a bond as a guarantee for the deposit.  If a real estate agent is handling the deposit, they must put it in a trust account.

30-60

Reimburse the landlord for non-payment, damage to the property other than ordinary wear and tear, nonfulfillment of the rental period, unpaid bills that may create a lien on the property, cost of removing and storing tenant's property, cost of re-renting after a breach, court costs in connection with an eviction action.

Cannot be evicted unless there is good cause, tenants entitled to procedural due process before they can be evicted.

Establishes rules in the handling of short-term rentals under 90 days in length where the tenant has a primary residence elsewhere.  Vacation property manager must be a licensed real estate broker.

The tenant's right to occupy the land for the duration of the lease

a leasehold estate that continues for a definite period of time, whether for years, months, weeks, or even days, is an estate for years.  Automatically terminates at the end of the lease period

When the landlord and tenant enter into an agreement that continues for a specific period, being automatically renewed for an indefinite time without a specific end date.

• week-to-week = 2 days
• month-to-month = 7 days
• year-to-year = one month

a tenant that doesn't leave at the end of a lease term.

Indefinite term, possession with landlord's consent.

Tenant's previously lawful possession continued without landlord's consent.

Residential Leases, tenant pays a fixed amount of rent but none of the property charges

Tenant pays a percentage of the gross or net income as rent

Tenant pays rent plus all or some of the property charges

Tenant pays rent, which increases at predetermined dates

Tenant pays rent on land and builds on it.  Usually run for 99 years or longer

Oil companies lease land to explore for oil, gas, and other minerals

Commercial leases where tenants share in overall operating expenses for the common areas and the building.

Mutual Agreement, Consideration, Capacity to contract, Legal objectives.

When a tenant transfers their interest to a third party.  The original tenant retains secondary liability for paying the rent unless the original tenant is granted a novation.

The landlord has no right to enter the leased premises unless the lease specifically gives them permission.

Mutually agree, lease term expires, operation of law, if one party fails to perform a material obligation.  Lease does not terminate when owner dies or property is sold.