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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102301
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Our landlord is breaching Quiet Enjoyment We original had a

Customer Question

Our landlord is breaching Quiet Enjoyment We original had a 2 year lease which expired in Nov 2014. We resigned for another so our lease ends Nov 2015. Our landlord FORCED us to decide on 8/7/2015 whether we were going to re-up our lease or move out or buy the property. We decided to move out. Since then he has had realtors in our house 3-4 even times a week, including the weekends. My husband 12 hour works nights 7pm to 7am with a drive time of 50 minutes (has since we leased the house) 3 or 4 nights a week (on a set schedule) and sleeps during the day. We have allowed them to enter the property with him sleeping in his bedroom. My son goes to school and gets out at 3:00, and it takes us 45 minutes to get home. They had a showing scheduled for 4:00 on 8/24/2015 and we were not able to re-enter the property until 4:36 pm. My husband went to work with no dinner, and my son didn't get his homework done until bed-time because of this showing. Today (9/14/2015) they scheduled people to dem
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this. What state is this in, please?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
North Carolina
Expert:  Ely replied 1 year ago.

Thank you.

NC does not have an entry of landlord law, so it falls under common law doctrine. It states that he can enter for non-emergency provided reasonable notice of time and place, which is at least 24 hours in advance, and during normal business hours(8:00 a.m. to 6:00 p.m, weekdays) unless agreed otherwise or the landlord knows that this would be inconvenient.

If you feel that the landlord is abusing this, then there are two ways to go about dealing with the issue:

1) Seek a restraining order if the landlord is insistent - see HERE; OR
2) Claim "constructive eviction" and relocate. Constructive eviction basically says that the landlord forced you to move out by making your life impossible. If this is done, you may have to go back to Court to get the deposit back, as the landlord may attempt to claim that you breached lease without reason and thus, keep the deposit.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.