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Old 05-27-2012, 08:16 PM
3 posts, read 8,092 times
Reputation: 13


State: North Carolina

Do I have to allow the property management company to enter the dwelling I am renting if the owner (named "landlord" not the property management co.) has terminated my 1yr lease due to late payment? The home is in foreclosure and recently listed in the MLS. The landlord and property mgmt co (Realty Co.) gave me a choice to either make an offer on the home for purchase or to move out, 5 months into the 1yr lease.

They used the opportunity to terminate the lease when I was late for the first time on my rent payment, even after overnighting the payment to the owner (named landlord and payee) who lives out of state, who then denied the payment and sent it back via certified letter.

I have secured a new home to move into but it will not be ready for 2 more weeks. The Realtor continues to pressure me to move out. No eviction or summary ejectment has been served. I am currently NOT under a lease agreement as the landlord terminated it. The Realtor has listed the house in the MLS and wants to now visit the home inside citing a 24hr notice to enter. It is my understanding this is only valid in a lease situation, which the lease no longer exists as they have terminated it.

I have been told I am now a "holdover tenant" even though I have attempted to pay the rent, but it's apparent I am being forced out of this home as it's in foreclosure and the owner wants to try to sell it before proceedings are final.

My overall question is....since I am not in a lease any longer as it's been officially terminated however I have not received an eviction notice, do I have to allow the property management company (again...NOT listed as the landlord/owner of the lease) entry into the home prior to me moving out in 2 weeks?

I have tried to cooperate with the Realtor by being available to show the home for prospective buyers as this home is listed as a "short sale", however currently no interested parties have seen the home. The Realtor for the property management company is demanding entry this week by giving me 24-hr notice because they "believe that I have remodeled or altered the home" which is untrue. I want to have a right to my privacy as I work from home full time as an IT professional and do not need nosy Realtors walking through the home while I am here for the remaining 2 weeks.

What are the legal rights I have to stop them from entering the home, as no lease exists?

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Old 05-27-2012, 08:26 PM
21,546 posts, read 40,776,348 times
Reputation: 13891
Specific legal questions are beyond the scope of this Forum...

Have you asked a local Landlord/Tenant lawyer for advice?
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Old 05-27-2012, 08:31 PM
3 posts, read 8,092 times
Reputation: 13
Greetings Ultra,

As time is of the essence and its a holiday weekend, I have not secured a lawyer however my personal attorney has given me a reference to one. As this "visit" is occurring early in the week I was hoping to find some online advice before seeking paid legal advice.

I apologize if I have violated any terms on this forum...I am seeking opinions on the matter, not ironclad legal advice.

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Old 05-27-2012, 08:33 PM
21,546 posts, read 40,776,348 times
Reputation: 13891
Perhaps someone familiar with North Carolina will comment?
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Old 05-27-2012, 09:15 PM
Location: California
4,404 posts, read 9,325,792 times
Reputation: 3078
Originally Posted by Ultrarunner View Post
Perhaps someone familiar with North Carolina will comment?
Not specifically familiar with NC, HOWEVER...OP keeps mentioning that there is no longer a lease and that he doesn't have to behave as if there is one...true, as the LL returned the rent. However OP is living in the property rent free and no eviction proceedings are in place. So, common decency would honestly say that OP needs to allow them access and that a failure to do so will very likely result in the filing of an Unlawful Detainer, which becomes public record, even if it is later dismissed.

I don't need to know specific state law to be able to tell that the next step in dealing with an uncooperative tenant who has not paid rent (refused or otherwise) is to start eviction proceedings. OP does mention that the "holdover tenant" phrase has been used...generally implying the tenant is there against agreement of the property owner.

Also, per NC law (a link is provided) it would appear that continuing to follow the terms of the lease strengthens the LL claim for a UD. Following the procedures as if the tenant were still under lease, in my opinion (I have had about 10 years experience in CA with renters as an agent for a LL) is the first steps to filing of a UD.

holdover tenancy n. the situation when a tenant of real estate continues to occupy the premises without the owner's agreement after the original lease or rental agreement between the owner (landlord) and the tenant has expired. The tenant is responsible for payment of the monthly rental at the existing rate and terms, which the landlord may accept without admitting the legality of the occupancy. A holdover tenant is subject to a notice to quit (get out) and, if he/she does not leave, to a lawsuit for unlawful detainer.

Charlotte Landlord Tenant Law Information | North Carolina Lawyer NC Attorney Law Firm Lincolnton Statesville Mooresville
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