Questions Related to Tenants' Rights

If a landlord switches off the water supply to a tenant’s apartment for the purpose of repairing without informing the tenant about it, what could be his rights?
In a case like this, wherein a landlord makes the living condition of a rental unit unbearable, uninhabitable, or inappropriate for a tenant to live in, a tenant has the full legal right to file a case of constructive eviction against his landlord. Filing a case like that would allow the tenant to give up possession of the rental unit. In this kind of a scenario, the tenant does not get evicted by the landlord but is compelled to vacate the apartment as the living conditions have been made unbearable by the landlord. Thus, if this is the case, the tenant would need to continue to pay the rent until the case has been filed. However, once the case has been filed, the tenant could submit the rent payments with the court registry on a regular basis.

If the tenancy is about to expire but the tenant still continues to pay the rent on time, is it possible for the owner of the property in Durham, NC to have the tenant move out of the rental unit?
Before a lease or rental period gets over, the landlord would need to inform the tenant about that, thirty days prior to the lease expiry. Usually, a landlord cannot just have a tenant locked out of the apartment. This is usually termed as self help eviction and performing this type of eviction is regarded as illegal. It is very important for a landlord to follow a proper legal procedure if he or she wants the tenant to move out. Formal eviction procedure would include the landlord to approach the court and make an appeal for an eviction. It is only when the court would issue an eviction order that the entire process could be legally carried out. A tenant is legally allowed to take help from the police if a landlord attempts to perform an illegal eviction.

What possibly could a tenant do as per their rights if their landlord has had an intention to sell the rental property but has not given the tenant a written notice of one hundred and twenty days?
If a landlord has expressed his or her intention to sell a property, it does not indicate that the landlord is going to evict the tenant from the premises. Usually, when a landlord serves the tenant a written notice of one hundred and twenty days, it means that the landlord wants to notify the tenant about his or her plan to sell the property and take possession of the property with a one day’s notice. Thus, in a case like this, if a landlord has failed to serve a tenant a written notice of the intent to sell the property, the tenant could prevent anyone from entering to his property as per the Civil Code section 1954. Moreover, the tenant could also send the landlord a notice to sue them. In case, the landlord attempts to break the code, it may cause him a damage of an amount up to two thousand dollars. In the United States, there are a lot of tenant’s rights regarding their tenancy and these rules are all written down in the contract prepared for the lease and signed between a landlord and tenant. Since these rights may differ from state to state and from situation to situation, the best option would be to research about the rights that may be suitable to your respective state and situation. Alternately, a tenant may seek guidance from a lawyer if needed.

If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.

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