2016-438 County Atty - Lease Amendment between State of NC and OC

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(3,) Notify the landlord regarding any necessary repairs to keep the property in a fit and habitable or safe condition and follow the landlord's direction in arranging for any such necessary repairs, including repairs to all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by the landlord upon written notification from the tenant that repairs are needed. Verify that the landlord has installed operable smoke detectors and carbon monoxide alarms. Verify that the landlord has annually placed new batteries in a battery-operated smoke detector or carbon monoxide alarm. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the real estate broker. A real estate broker or firm managing a vacation rental property on behalf of a landlord client shall not become personally liable as a party in any civil action between the landlord and tenant solely because the real estate broker or firm fails to identify the landlord of the property in the vacation rental agreement." SECTION 1.4. Article 6 of Chapter 42A of the General Statutes is amended by adding a new section to read: 42A-37. Early termination of vacation rental agreement by military personnel. La,) Any member of the Armed Forces of the United States who executes a vacation rental agreement and subsequently receives (i) an order for deployment with a military unit for a period overlapping with the rental period or (ii) permanent change of station orders requiring the member to relocate on a date prior to the beginning of the lease term may terminate the member's vacation rental agreement by providing the landlord or landlord's agent with a written notice of termination within 10 calendar days of receipt of the order. The notice must be accompanied by either a copy of the official military orders or a written verification signed by the member's commanding officer. Termination of a lease pursuant to this subsection is effective immediately upon receipt of the notice by the landlord or landlord's agent. All monies paid by the terminating member, with the exception of nonrefundable fees paid to third parties as described in G.S. 42-16(a), in connection with the vacation rental agreement shall be refunded to the member within 30 days of termination of the agreement. (b,) A member's termination of a vacation rental agreement pursuant to subsection (aa) of this section shall also terminate any obligation a spouse or dependent of the member may have under the vacation rental agreement. LcJ The right to terminate a vacation rental agreement as described in subsection (aa) of this section shall extend to the spouse of any member of the Armed Forces of the United States. A spouse exercising the right to terminate a rental agreement shall provide the same notice as described in subsection (a) of this section. The provisions of this section may not be waived or modified b the agreement of the parties." SECTION 1.6. G.S. 42-44 reads as rewritten: "§ 42-44. General remedies, penalties, and limitations. A real estate broker or firm as defined in G.S. 93A-2 managing a rental property on behalf of a landlord shall not be personally liable as a party in a civil action between the landlord and tenant solely because the real estate broker or firm fails to identify the landlord of the property in the rental agreement. SECTION 1.7. G.S. 42-46 reads as rewritten: "§ 42-46. Authorized fees-.late fees and eviction fees. (f) Court-Appearance Fee. — Pursuant to a written lease, a landlord may charge a court-appearance fee in an amount equal to ten percent (10%) of the monthly rent only if the tenant was in default of the leas lease and the landlord filed, served, and prosecuted successfully a complaint for summary ejectment and/or monies owed in the small claims oeiift; and either- .,.Fty appealed the udgm°^* of the f istr-a ° ^ourt. If the tenant appeals the judgment of the magistrate, and the magistrate's judgment is vacated, any fee awarded by a magistrate to the landlord under this subsection shall be vacated. House Bill 151 Session Law 2016-98 Page 3