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Old 02-08-2017, 10:52 AM
 
5 posts, read 2,091 times
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We received a notice of non renewal. We think the reason is for retaliatory reasons. If we holdover and they start an eviction process can we use a retaliatory eviction defense? Thanks.
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Old 02-08-2017, 11:51 AM
 
Location: Phoenix, AZ > Raleigh, NC
15,066 posts, read 18,997,066 times
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What are they (maybe) retaliating?

Single family home or apt complex?
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Old 02-08-2017, 11:57 AM
 
1,019 posts, read 1,002,232 times
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It depends entirely on the reasons you believe may have caused the retaliation. NC does have retaliatory eviction defense available for tenants for certain reasons. Check this article out about it

http://www.ncleg.net/EnactedLegislat...Article_4A.pdf

If you read it and believe there is cause, you should definitely contact a lawyer about it. But after reading through it, I don't know if a defense applies to a non-renewal of a lease I assume there may not be anything you can do since you'd be completing the lease length as agreed upon when you signed it. I don't think they are obligated to let you stay after your lease is up or obligated to offer a lease renewal.

Either way, you should probably speak with a lawyer about this.
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Old 02-08-2017, 12:21 PM
 
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It is an apartment complex and we reported them to the State and to the County Health Department and the Fire Marshal. The problems were fixed and they are being monitored. We have never been late for rent. Usually early. Get along good with the neighbors and have never had any complaints or the police called to our apartment. The apartment complex is not full and they are actually offering rent specials to get people to move in.

I understand that they do not have to renew a lease. And if we holdover they have to file for a summary ejectment pursuant to G.S. 42-26. Which is an eviction. We are going to have to fight it one way or the other. We have a son in school and need to stay in the district till at least the end of the year. And since I have been looking into things I have come across a lot of other problems. I believe will be civil and possibly criminal. Don't want the fight. Just don't want to be in this situation either. They know I know things now and I think they might be afraid to file because I will bring everything out in court. It's a mess. I just want to be as prepared as possible if they do. And at this time can't afford an attorney.
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Old 02-08-2017, 01:17 PM
 
6,800 posts, read 4,432,715 times
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Contact Legal Aid of NC and see if they can help you.

Home
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Old 02-08-2017, 01:31 PM
 
Location: New Jersey
784 posts, read 1,634,126 times
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Sounds like a little more than meets the eye .... "maybe" on both sides.
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Old 02-08-2017, 04:20 PM
 
5 posts, read 2,091 times
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Thank BC1960. I'll try that.
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Old 02-08-2017, 04:29 PM
 
Location: The Triad (NC)
28,490 posts, read 62,120,010 times
Reputation: 32158
Quote:
Originally Posted by Uze44 View Post
We received a notice of non renewal. We think the reason is for retaliatory reasons.
They are within their rights to not renew. And regardless of reason.
But considering the history... can you blame them?

Quote:
If we holdover and they start an eviction process...
...you invite a whole raft of troubles into your life.
Don't choose that path.
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Old 02-08-2017, 04:34 PM
 
5,419 posts, read 2,336,948 times
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Quote:
Originally Posted by MrRational View Post
They are within their rights to not renew. And regardless of reason.
But considering the history... can you blame them?

...you invite a whole raft of troubles into your life.
Don't choose that path.
Exactly.

Outrageous.

Lease is up.

Move.
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Old 02-08-2017, 05:43 PM
 
Location: Cape Fear, North Carolina
192 posts, read 162,666 times
Reputation: 141
Holdover: squatters.
Should have zero rights
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