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Can a landlord legally ttake my late rental payment and give…

can a landlord legally ttake...
can a landlord legally ttake my late rental payment and give me eviction papers in the same day
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Answered in 4 minutes by:
3/15/2018
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,801
Experience: 30 years experience in general legal matters.
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What do you mean by eviction papers?
What do the papers say?
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Customer reply replied 4 months ago
they are starting evivtion process due to non payment but excepted my rent amd late fee

They can not evict you for nonpayment unless you are in default.

Did they give you a 10 day pay or quit notice before you paid them? Did you pay after the time limit in the notice?

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Customer reply replied 4 months ago
did u get my response
No.
Ask Your Own Consumer Protection Law Question

Did they give you a 10 day pay or quit notice before you paid them? Did you pay after the time limit in the notice?

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Are you still online with me?

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Customer reply replied 4 months ago
Hello
Customer reply replied 4 months ago
Did u see my recent question for you
There are no new questions in this thread that I am seeing.
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Customer reply replied 4 months ago
What am I to when the landlord I am renting from does not pass code inspection and they are asking me to move within 30 days but they already have a prior case open for failure they should have never moved me and they knew the house was not up to code

You can sue the landlord for breach of the warranty of habitability.
If you prevail you will be awarded money damages to compensate you for having to move and anything else you can prove stems from the breach.

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Customer reply replied 4 months ago
what is breach of habitability? who do i contact to get case started? what if i cant find another house in thirty days and dont have the money to pay another first month and deposit somewhere else

In 1977, the General Assembly enacted the Residential Rental Agreements Act (the “Act”), codified at N.C. Gen. Stat. § 42-38 et seq. Pursuant to the Act, owners of rented residential property and their rental agents are “Landlords” and subject to the Act’s regulations. N.C. Gen. Stat. § 42-40(3).

Pursuant to the Act, the big three obligations of a residential Landlord are that Landlords must:

(1) comply with all housing codes, applicable to the premises at issue,

(2) make all repairs to the premises, and

(3) do whatever is necessary to put and keep premises in fit and habitable condition.

N.C. Gen. Stat. § 42-42(a)(1) and (2).

As interpreted by the Court of Appeals, an implied warranty is created in every rental agreement between a residential landlord and tenant that the rental premises will meet the above minimum standards from the time of the tenancy’s initiation. If a Landlord fails to maintain a fit and habitable premises at any time from the beginning of the tenancy to its end, then the Act provides the tenant with an affirmative right to recover damages for any period “during which they can establish that the condition of their premises was substandard as measured by the statute . . .” Miller v. C.W. Myers Trading Post, 85 N.C.App. 362, 369, 355 S.E.2d 189, 193 (1987).

If you r claim does not exceed $10,000 you can sue in small claims court.

Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

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There is no additional charge to you for rating me favorably.

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Customer reply replied 4 months ago
what if i dont have the money or a place to move to

You will need to demand the landlord put you up somewhere.

If he refuses, you can sue for the damages, but you may have to scramble to find accommodations somewhere. Perhaps a friend or relative can put you.

You have 30 days to work something out.

Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,801
Experience: 30 years experience in general legal matters.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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