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

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5 have a yearly lease; and sixty(60) days notice if you are renting space for a mobile home. See N.C. Gen. Stat. §42-14. • Breach of Lease -Your landlord can evict you for violating the terms of the lease but only if there is a written lease agreement and there is a clause in the lease agreement that allows the landlord to end the lease if you violate the terms of the lease agreement. • Retaliatory Eviction-Finally,your landlord cannot evict you for complaining about the poor conditions in your housing unit,requesting repairs,joining a tenant's organization or trying to enforce your rights under the terms of your lease. See N.C. Gen. Stat. §42-37.1. Contesting Eviction -You have the right to contest the eviction in front of a magistrate judge,See N.C. Gen. Stat. §42-31(2012) and in such cases, the landlord must prove that you should be evicted by a preponderance of the evidence. See N.C. Gen. Stat. §42-30 (2012). (See Resource List on last page) 9. Public Housing If you live in public housing or your rent is subsidized in whole or part by the federal government (e.g.,you have a Section 8 voucher),you have additional rights under the law. Specified below are important rights that you should know about if you live in public housing or if you receive a federal subsidy or voucher to assist you in paying your rent. Public Housing-If you live in public housing,your lease can only be terminated for serious and repeated violations of the lease or for other"good cause." See 42 U.S.C. § 1437d(1)(5) (2012). In some cases,you may also be entitled to request a grievance hearing prior to your lease being terminated where you have the opportunity to hear about the reasons why your lease is being terminated and to present an argument as to why your lease should not be terminated. See 24 C.F.R.§§966.50,966.52(a),966.53 (2012). Federal Rent Subsidy(e.g., Section 8 Voucher) - If your rent is subsidized in whole or part by the federal government(e.g.,you receive a Section 8 voucher),your subsidy or voucher can only be terminated after you have been given notice and a hearing. See 24 C.F.R. §982.555 (c) (2) (20012). During the hearing,you have the opportunity to present evidence as to why your subsidy should not be terminated. To learn more about your rights if you live in public housing or receive a federal subsidy or voucher, please see the Housing and Urban Development("HUD")resident rights and responsibilities brochure, available at htlp://portal.hud.gov/hudportal/documents/huddoc?id=DOC_12162.pdf. TENANT OBLIGATIONS 1. Pay Rent You must pay rent on-time and in accordance with the lease terms. See N.C.Gen.Stat.§42-3. If you fail to pay rent after your landlord has clearly and unequivocally demanded rent, ten (10) days after the landlord makes the request for you to pay rent, the landlord may begin eviction proceedings against you. 2. No Exercising Self-Help or Rent Abatement Without Court Order — You are prohibited from exercising self-help, in the form of withholding rent or otherwise, absent a court order. If your landlord won't make repairs or is otherwise not abiding by the terms of the lease agreement,you must go to the court for help and cannot stop paying any portion of the rent without first obtaining approval from the court. See N.C. Gen. Stat. § 42-25.6 and see Resource List on last page. 3. Maintain the Premises —You must keep the premises safe and clean. You must not intentionally damage or allow your guests to damage the premises. You must dispose of all garbage in a safe and sanitary manner. See N.C. Gen. Stat.§ 42-43 (a) (1)—(6). 3