Posted by Tony Colella on July 05, 2005 at 18:20:17:
That book is an excellent resource. Glad you picked up a copy.
As for your concern about locks. I find that mobile home tenants rarely change locks and even if the do without giving us a key, how hard is it to get into a mobile home when they move out? I allow them to change the locks as the book suggests and have never found it to be a real concern.
Late fees. Many folks require higher late feels than the law allows. If you do then I suggest you leave that amount out of any 10 day pay or quit notice and subsequent suit to evict for non-payment. In many cases, even if you are within the legal limit, the magistrate may not award you the late fee and let’s face it, those judgments are worthless anyway. We just want the home back.
I’m reading “Landlord’s Rights and Duties in North Carolina” by Stanley and Warda- Attorneys at Law and came across a some interesting items.
On page 21, under Suggested Clauses, it states “Requirement that if locks are changed landlord in given a key (forbidding tenants to change locks may subject the landlord to liability for break-in).”
Every thing I have read to date regarding locks state something to the effect that tenants can not change locks, and if they do so, landlord must be given a key. Anyone had any trouble with having a in in their rental agreement that tenant can not change locks?
On page 87, under Late Fees, it states “Landlord’s can’t deduct late fees from subsequent payments, thereby making those payments late.”
Again, most all of the rental agreements I have read state something to the effect that payments would first be applied to late fees, damages/repairs, etc. and then to rent. Apparently, we can’t do this in NC.
3.Under the North Carolina Statutes-Chapter 42, Article 5 SS 42-46 Late Fees is states (a). In all residential rental agreements in which a definite time for the payment of rent is fixed, the parties may agree to a late fee not to exceed fifteen dollars ($15.00) or five percent (5%) of the rental payment, whichever is greater, to be charged by the lessor if any rental payment is five days or more late.
I’ve read of several people (not necessarily on this board) that charge $25, $50 or more for late fees). Either their monthly rent must be $750-$1000 or more a month, or they have been lucky they haven’t been penalized if they ever went to court.
As a side note, Article 3, SS 42-36.1 states "Lease or rental of manufactured homes. The provisions of this Article shall apply to the lease or rental of manufactured homes, as defined in G.S 143-145.
If you’re renting any of your homes, you may want to pick up this book and/or access the North Carolina Legislation Statutes online. Tony recommended this book to me a while ago after I asked him some questions about my rental agreement and I’m just now reading it. Well worth the $21.95 and very informative.
There is a criminal statute in NC which states it is illegal to interfere with the landlord’s access. I recently had an issue in Onslow County where a landlord and his agents interrupted my water supply. I called the sheriff’s dept after I was cursed by my new neighbor for turning my water back on at my connection on my lot. The deputy dispatched was angry and told me to alter the connection so noone could turn my water off. I did not and looked at NCGS 14 and sure enough doing anything to prevent a landlord from access to HIS/Her property is a misdemeanor. Basically, the landlord owns the locks and has the right ot have a key to protect his/her property in case of an emergency where he/she has to protect his property from fire/water or whatever. I would say if the locks need to be changed ask it to be done with a certified letter. I read the book as it is maintained in the Onslow County Law Library , but make sure you compare it to the copy of Chapter 42 at you counties law library as some things change and are repealed. I lucked out and found a law pertaining to mobile homes that required my new slum lord in sneads ferry to give 180 days, and continue the terms of the tenancy. Not the 12 day notice to vacate or he would seize my home that I got! Oh , and in the back of the NCGS 42 is a paper insert, it is the latest info on the law and it’s changes, it is called the supplement.
Funny you should mention late fees. I had a tennant yesterday come to me and tell me all he could pay was three hundred till the end of the week. Seems his step mom is in the hospitol on her death bed and his dad, whom he works for up in Va. couldnt get back up there to pick up his checks last week . He is an electriction. He owes a total of 475 per month. And the bad part of it is this is his first month. I’m sorry bout his step mom but since there’s two other people in the house working I just told him to pay it on thursday and the 25 late fee would apply. Ofcourse I told him that the bank and not me was the bad guy. Cause if I went to them and told them I couldnt pay then they would just come and take “my” house. By the way, his step mom is 40 and dieing of breast cancer. Really makes things like late fees seem kind of trivial, but defaulting on my loan and loseing my house isnt an option either.