Agenda - 12-02-2013 - 4a - Laserfiche WebLink

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4 Landlord's Obligation-Your landlord is required to make any and all repairs necessary to ensure that your housing unit and the common areas are safe and fit. See N.C. Gen. Stat. §42-42(a) (3) (2012). Your landlord is also required to ensure that your housing unit complies with the local building and housing codes. See N.C. Gen. Stat.N.C.G.S. § 42-42(a) (1) (2012)see Resource List on last page. If you believe that your rental unit is not safe or habitable and may violate the local building or housing code,you have the right to have the property inspected for fi°ee by a local Housing Inspector or Code Enforcement Official see Resource List on last page. 4. Late Fees Your landlord may charge you a late fee if your rent is late by five (5) days or more. See N.C.Gen. Stat.§42-46(a). However,if your rent is due in monthly installments, the late fee may not exceed fifteen ($15.00) dollars or five (5%)percent of the monthly rent,whichever is greater.See N.C.Gen. Stat.42-46(a)(1). If the rent is due weekly, the landlord may charge a late fee not exceeding four dollars ($4.00) or five (5%)percent,whichever is greater. See N.C.Gen.Stat.42-46(a)(2). Late fees can only be charged one time for each late rental payment and cannot be deducted from your next month's rent payment. See N.C.Gen.Stat.42-46(b). 5. Quiet Enjoyment You have the right to peaceful, safe and quiet enjoyment of your home. See N.C. Gen. Stat§42- 59.1 (2012). Essentially, this means that the landlord may make any necessary repairs,but the landlord may not unreasonably interfere with your"quiet enjoyment"of your home and must leave you alone while you are living in your rental unit. 6. Discrimination The landlord may not discriminate against you as a tenant or prospective tenant because of your race, color,national origin,religion, sex, familial status or disability. See Fair Housing Act, § 804; 42 U.S.C.3604. Discriminatory acts include refusing to rent to you;renting to you on unfavorable terms, conditions, or privileges; creating a hostile living environment; or refusing to make reasonable accommodations to give you an equal opportunity to use and enjoy the premises. (see Resource List on last page.) 7. Domestic Violence Victim Protection A landlord cannot terminate,refuse to renew, or refuse to rent to you because you are a victim of domestic violence, sexual assault, or stalking. See N.C. Gen. Stat. §42-42.2(2012). In addition, you have the right to request that the landlord to change your locks to prevent access by an alleged perpetrator of domestic violence. See N.C. Gen. Stat. §42-42.3 (2012). 8. Eviction Eviction Process and Notice-You can only be evicted after a summary ejectment proceeding before the court. Further,the landlord is required to provide written notice of the reason you are being evicted. See N.C. Gen. Stat. § 42-25.6(2012). Grounds for Eviction • Failure to pay Rent-If your landlord is attempting to evict you because you failed to pay rent, the landlord has to request that you pay the rent and must wait ten(10) days before filing a complaint against you with the court to have you evicted. See N.C. Gen. Stat.§42-3. • Remaining in premises after lease ends -If you remain in your housing unit after your written lease ends, or after your landlord tells you to leave if you do not have a written lease, the landlord must give you proper notice that you are required to move out. See N.C. Gen. Stat. § 42-14.The landlord must give you at least two (2) days notice if you pay rent on a weekly basis; seven(7) days notice if you pay rent on a monthly basis; one (1)month notice if you 2