Many landlord/tenant issues are handled in the small claims court of the North Carolina court system. Evictions and claims for rent are heard every day before the magistrates. Despite the appearance of simplicity, the ins and outs of this area of the law are not so obvious.
Leases can be quite complicated and the remedies, should a landlord/tenant dispute arise, are often difficult to understand.
Both the landlord and the tenant have considerable rights. The best course is to always have a written lease and make no assumptions. A well-written lease will be specific as to the rights of both the landlord and the tenant.
A solid lease will provide the landlord with the most cost-effective remedies and ensure that the tenant will comply with their obligations.
Because of the nature of leases, affecting a businesses’ ability to operate or a person’s residence, the legal requirements and responsibilities are strict. If not followed properly, the experience of a landlord/tenant dispute can be distressing for either party.
Kurtz Law represents clients in small claims, small claims appeals, District Court and Superior Court lease dispute matters. We offer the following:
∙ Representing tenants and landlords in residential and commercial lease disputes
∙ Drafting and reviewing leases
∙ Assist landlords with evictions
∙ Manage appeals from the small claims court to District Court
∙ Judgment enforcement
If you are a commercial landlord and your tenant files for bankruptcy protection, consult an attorney. Upon receipt of notice of the bankruptcy, you should move quickly to secure the landlord’s rights in the bankruptcy court. Leases, in many cases, maintain an important position in the bankruptcy court.
The determination of whether a bankrupt tenant will remain in the property or terminate the lease often comes with complications for which a knowledgeable attorney can advise a commercial landlord how to protect its’ rights.
Consult with an attorney at Kurtz Law for advice on landlord/tenant matters.