Faq

What should a well-written contract include?

The contents of a well-written contract largely depend on the subject and nature of the agreement. However, every contract should clearly and fully memorialize the purpose of the contract and the parties intentions.

Does a contract need to be in writing?

Under North Carolina law, most contracts do not need to be in writing to be enforceable. However, there are several exceptions to that rule. For example, contracts for the sale of land, promises to pay the debt of another, contracts for the sale of goods for $500 or more, and several other types of agreements must be in writing. It is always best practice to memorialize your agreement in writing regardless of whether the law requires it.

How can landlords protect themselves from further financial losses if the tenant appeals eviction?

At the summary ejectment hearing, the landlord or attorney can ask the magistrate to set an appeal bond. Under North Carolina law, the appeal bond is in the amount of the uncontested overdue rent. The appealing tenant must post that amount with the clerk’s office to stay the eviction. Otherwise, the landlord can proceed with the eviction even if the tenant appealed. The winner of the appeal receives the bond proceeds.

What is summary ejectment?

Summary ejectment is a legal proceeding where the landlord seeks to evict the tenant. Landlords may pursue summary ejectment when the tenant has failed to pay rent or breached the lease agreement in some other way.

A summary ejectment proceeding is filed with the small claims court in the county where the subject space is located. A magistrate will then conduct a hearing. At the hearing, the landlord has the burden to show the tenant should be evicted. If the magistrate determines the tenant defaulted on paying their rent or committed any other acts that justify eviction, she will enter an order of summary ejectment.

The tenant will have ten days to appeal the order. If the tenant does not appeal, the landlord may obtain a writ of possession from the clerk. Once the writ is issued, the sheriff’s office will schedule an eviction of the tenant. Note, the sheriff’s office will not perform the eviction unless the landlord or someone on its behalf changes the locks at the time of the scheduled eviction.

What can commercial landlords do when tenants fail to pay the rent?

When a tenant fails to pay the rent, the landlord’s option is to pursue a summary ejectment. Another option includes negotiating a settlement with the tenant(s) involved. While other options exist, many are risky and expose the landlord to unnecessary liability.

Is the commercial landlord responsible for preventing criminal activity?

Generally, a commercial landlord is not responsible for preventing criminal activity. North Carolina law does not require commercial landlords to provide security. However, one exception to this rule is when the lease agreement requires the landlord to provide security or otherwise protect the space from criminal activity. In such a case, the landlord may breach the lease agreement if they fail to provide security.

What are common area maintenance costs?

Common area maintenance costs, also known as CAM, may include maintaining and repairing the common areas. Such fees may include repair costs, security costs, property taxes, and property insurance, among other items. Many North Carolina commercial leases require the commercial tenant to pay a portion of the landlord’s common area maintenance costs.

Who is responsible for maintaining common areas of a commercial center?

Generally, the landlord is responsible for maintaining the common areas of a commercial center. However, the landlord may require a commercial tenant to cover a portion of the costs associated with common area maintenance.

Who is responsible for maintaining a leased commercial space?

The terms of the commercial lease dictate who is responsible for maintaining the leased space. Therefore, you should read the lease to determine who must maintain what. If the lease is silent on this point, then the tenant must maintain the space it is renting. North Carolina law does not require a commercial landlord to maintain the rented space unless the lease states otherwise. A residential landlord, however, does have specific maintenance responsibilities under North Carolina law.

How can an attorney help with my contract dispute?

An attorney will review your contract and gather all related facts and documents to recommend the best strategy for you. If a settlement appears to be a good option, the attorney can help you get the best deal possible. Otherwise, the attorney will determine whether the issues should be taken to court or arbitration. Furthermore, the attorney can check whether you may have any claims other than a breach of contract and warn you if the other side has strong claims against you.

Anderson Legal has substantial experience with a wide variety of contract disputes. We will carefully review your matter and provide you with the personal attention you deserve. In choosing Anderson Legal, you ensure representation by a passionate advocate who will protect you and your home.

What are the time limitations on breach of contract claims and filings?

There are time limitations on when a breach of contract claim can be filed. If you wait too long to file, your claim may be barred, and you will never be able to recover your claim. Generally, the statute of limitations for a breach of contract claim is three years from the date of the violation. However, it is essential to look at your contract to determine whether the contract imposes other time limitations.

How can an attorney help when a mechanics lien is place on a home?

The stakes are high for a homeowner who is faced with a mechanics lien on their home. Ultimately, the owner is at risk of having their home sold at auction. They may also be hit with additional claims that would result in them owing large sums of money to the contractor.

An attorney can review your matter and inform you of your risks. They can negotiate with the contractor on your behalf, and if need be, defend you in a lawsuit against the contractor.