North Carolina - Tenancy Law; My Rights (lease agreement, tenants, renters)

[Neuge87]

Hi,


I apologize if I've posted this in the wrong area, or if similar questions have already been answered. Bear with me here, as this requires some back story.

I began to rent a room from a coworker (henceforth referred to as "landlord" for lack of a better term) at the beginning of October, 2010. At the time that I moved in, I was under the assumption that he was the owner of the house. We signed no lease, and we made no agreements on length of term. We simply agreed on $400/month, payed the first paycheck of every month (as we are paid the same schedule.) I share the house with the landlord, one other coworker and one other individual (henceforth referred to as Roommate 3) whom I had never met before I moved in. I believe this makes us month-to-month renters.

I learned shortly after I moved in that landlord does not, in fact, own this house. He rents it. (Problem the first.)

Now, it was clear to me immediately after moving in that Roommate 3 and myself were not going to get along. It happens, and I can deal with that. However, things came to a head yesterday afternoon when an argument between the two of us turned into a physical altercation. We won't get into who started it, and the "he-said-she-said" of it all, but suffice it to say that I feel that my actions were in self defense. Landlord witnessed the event, and nobody was seriously injured. Landlord later texted that he "Knows I did not instigate" the altercation and that he does "not blame me at all." (Problem the second.)

Okay, so my questions are these:

A) What are my rights as a renter in this situation? I do not believe that the actual landlord is aware there are four tenants in this house, though he may be. I've not seen a copy of the lease.

B) I do not wish to continue living with Roommate 3, for obvious reasons. I love living with the others, however, and I love this location. Do I have any rights regarding having Roommate 3 removed? Or am I better off just packing my things and heading for greener pastures?

I digress. It's a sticky situation, and I've been reading North Carolina renting law for a couple of hours with no real progress. Thank you for any input you may have, and I am sorry if my post turned into a rant.

Neuge

[manderly6]

Did you file a police report?

[Neuge87]

No, I did not.

[STT Resident]

The owner of the property may not care that there are four people living in the house. Although some owner LLs require that a lease agreement specify the maximum number of people allowed and/or require that all tenants are party to the lease, such is not always the case.

Since your "Landlord" appears to agree that you weren't at fault, why don't you sit down and talk to him about the whole situation? All of you "tenants" are on a month to month verbal agreement and if the "Landlord" agrees that Roommate #3 is a problem he can legally give him one month's notice. Should that happen then obviously stay out of the way of #3 until he moves out, and if the "Landlord" doesn't want to do anything then give a month's notice and move on yourself.

And no, as a renter, you have no rights where removing #3 is concerned. Good luck!

[Neuge87]

Thanks so much. That all sounds about where we were heading.

[stsvilleblueeyes]

I have a situation. I noticed about a year ago when I went through last winter without Gas Heat but was on a small electric heater. I was lucky because it was such a mild winter. However I noticed on the days that we were able to walk outside in shorts, I noticed the weather was warmer outside than inside of the house. For a long time I tried to figure out why but one night I was watching HGTV Holmes on Homes where he was explaining about insulation. As he was explaining how if you have very little or no insulation heat or cold air will enter the house. That was my thinking so just about 2 or 3 weeks ago I contacted my landlord about it. My landlord replied back saying it was normal because the house the landlord owns and lives in does the same thing. Here I am thinking that does not sound right but however today I went over to my neighbor's house and noticed the difference in her house and she did not have her heat on yet. It was quite comfortable and warmer than my house is. Right now as I am typing I am sitting in my bedroom and can feel the difference. It is pretty cold in my house. My question is since my landlord said it was normal and I do not...what is my right and what should I do?

[plscuba]

Originally Posted by stsvilleblueeyes

I have a situation. I noticed about a year ago when I went through last winter without Gas Heat but was on a small electric heater. I was lucky because it was such a mild winter. However I noticed on the days that we were able to walk outside in shorts, I noticed the weather was warmer outside than inside of the house. For a long time I tried to figure out why but one night I was watching HGTV Holmes on Homes where he was explaining about insulation. As he was explaining how if you have very little or no insulation heat or cold air will enter the house. That was my thinking so just about 2 or 3 weeks ago I contacted my landlord about it. My landlord replied back saying it was normal because the house the landlord owns and lives in does the same thing. Here I am thinking that does not sound right but however today I went over to my neighbor's house and noticed the difference in her house and she did not have her heat on yet. It was quite comfortable and warmer than my house is. Right now as I am typing I am sitting in my bedroom and can feel the difference. It is pretty cold in my house. My question is since my landlord said it was normal and I do not...what is my right and what should I do?

Move.

Your post almost makes me laugh. Almost.

[stsvilleblueeyes]

Yes I could but it is probably the only place I can AFFORD to live in. I have looked around for other places in the price I rent this house. I pay 325 a month and most of the places are over 400 and plus but very few are under 400 a month and mind you I'm on disability. My ranges is 325 a month can't really go any higher than that maybe 350 that is cutting close.

[oregonwoodsmoke]

Open the windows when it is warmer outside and maybe get a small fan to put in the window to draw the warm air into your house.

Other than that, if you are cold, turn the heat on or put on a sweater.