Can I get a copy of my lease?

Under the AANC Lease Contract, when you sign the lease, you acknowledge that you have received a copy. Ask for it when both parties (you and the property owner or owner's representative) have signed the lease, or request one later if you did not receive one when you first signed it.

Can the manager enter my apartment when I'm not at home?

There are a number of reasons why property managers or maintenance staff may need to enter your apartment, and it could be very inconvenient for you if you always had to be home and available when these circumstances arose. If you signed an AANC Lease Contract, you've given permission to the apartment management and/or maintenance personnel to enter your apartment for purposes such as:

• responding to your request
• making repairs or replacements
• estimating repair or refurbishing costs
• performing pest control or doing preventive maintenance
• changing filters
• testing or replacing smoke detector batteries
• retrieving unreturned tools, equipment, or appliances
• leaving notices
• delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices
• removing or rekeying unauthorized security devices
• removing unauthorized window coverings
• stopping excessive noise
• removing health or safety hazards (including hazardous materials), or items prohibited under our rules
• removing perishable foodstuffs if your electricity is disconnected
• removing unauthorized animals
• inspecting when immediate danger to person or property is reasonably suspected
• allowing persons to enter as you authorized in your rental application (if you die, are incarcerated, etc.)
• allowing entry by a law officer with a search or arrest warrant, or in hot pursuit
• showing apartment to prospective residents (after move-out or vacate notice has been given)
• showing apartment to government inspectors, fire marshals, lenders, appraisers, contractors, prospective buyers, or insurance agents

How much notice must I give to move out?

Your lease will tell you how much notice you must give if you are moving out at the end (or before the end) of the lease term. Moving out before the end of the lease term will violate the terms of the lease, and you'll be responsible for any charges outlined in the lease for being in default.

Who covers the cost of damages to my property if I'm robbed, or there is a fire or other accident?

If you have renters insurance, your insurance should cover your losses, minus any deductible. If you don't have insurance, you'll be responsible for replacing or repairing your property. The property owner's insurance does not cover property belonging to residents; it only covers the property owner's belongings, buildings, etc. If the property owner or his employees negligently caused the accident, you may have grounds to recover damages from the owner, but you'll need to have legal advice.

What happens if I don't pay the rent?

Here are some things that can happen if you don't pay your rent.

• You may incur late charges, which must be paid in addition to the rent.
• The owner may also file to evict you from the property, and report your non-payment to consumer reporting agencies, rental history tracking companies, properties you may try to rent from in the future, etc.

Can I withhold my rent if the landlord does not do the repairs?

No, not without a court order or the permission of the landlord. Give the landlord a written request for repairs, and keep a copy. If a reasonable time passes and the repairs are not properly done, you may seek a rent reduction in Small Claims Court for the decreased value of your apartment. If the landlord ignores your request to fix the problem and your apartment is uninhabitable, you may be able to vacate the apartment and end the landlord-tenant relationship under a legal theory called "constructive eviction." Consult an attorney for advice.

Can the landlord raise my rent during the term of my lease?

No. Unless the lease states otherwise, you are guaranteed the agreed-upon monthly rent for the agreed-upon term of the lease. However, you also give the landlord your guarantee to pay the agreed upon rent, on time, for that period.

Is there any limit on rent increases?

North Carolina does not have any rent control laws. Rents are determined by property owners and are typically market-driven.

How do I complain about the property management or owner?

You have a number of options. You should first discuss your situation with the onsite management, and try to resolve any issues. If that fails, you may want to contact the management company office or the property owner to complain. You can also contact the AANC affiliated local association in the area where the property is located, for more information or referrals to other sources of assistance.

How do I find out who owns or manages the property?

This information appears on the first page and on the signature line of your AANC Lease Agreement.

How do I find out if the property is a member of AANC?

Contact the AANC affiliated local association in the area where the property is located, for more information or referrals to other sources of assistance.

Can the landlord evict me for complaining?

No. Under North Carolina law, you can do the following things without fear of eviction:

• Complain to the landlord;
• Complain to government agencies (such as housing inspectors and health departments);
• Assert your rights under the lease;
• Organize with other tenants to assert your rights; and
• Sue the landlord to enforce the lease.

Does the landlord have to repair anything in my apartment that breaks down? What if I signed a lease accepting the apartment "as is"?

The landlord is responsible for some repairs, and the tenant for others. For example,

The landlord must

• Comply with local housing and building codes;
• Do whatever is necessary to put and keep your apartment in fit and habitable condition;
• Maintain in good, safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances which he has provided, and promptly repair them when you notify him in writing they are in need of repair (except in cases of emergencies);
• Keep all common areas in safe condition; and
• Provide and install smoke detectors and replace batteries at the beginning of your tenancy.

[Note: After the tenancy begins, the landlord may enter a written agreement with you to pay you or reduce your rent in exchange for repairs.]

The tenant must

• Keep the rental unit clean (including toilet, sinks, and baths) and as safe as conditions permit;
• Dispose of trash and garbage in a clean and safe manner;
• Pay the rent as promised and otherwise comply with the lease;
• Not damage (or knowingly let anyone else damage) the property;
• Comply with any duties imposed by local building and housing codes;
• Replace batteries in smoke detectors as needed, and tell the landlord if a detector needs to be repaired; and
• Leave the unit clean at the end of the lease and in as good condition as when you moved in, except for reasonable wear and tear.

[Note: It is important at the beginning of your lease to note the condition of your apartment on a checklist and ask the landlord to initial it. That way, you will not be held responsible for damage that existed when you moved in.]

If I tendered a security deposit, how can I get my security deposit refund?

First, give whatever written notice your lease requires. (Most leases require at least a 30-day written notice). To best assure refund of your security deposit:

• You must stay for the full term of your lease.
• You must give written notice of your forwarding address.
• You must not be delinquent in your rent or other sums owed when you move out.
• You must leave the premises in a clean condition and follow any other lease provisions regarding your security deposit refund.
• You cannot deduct the amount of the security deposit from your last month's rent.
• Go through your apartment or other rental property with the manager to check its condition against your "move-in" inventory checklist.

When should I receive my security deposit refund?

Within 30 days of your move-out, your security deposit or an itemized description of deductions must be mailed to you.

What can be deducted from my security deposit?

• Any charge specified in the lease or any charge resulting from your breaking the lease.
• Charges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. "Normal wear and tear" items cannot be deducted.
• Unpaid rent and other unpaid charges listed in your lease, such as those for late rent payment, returned checks, animal violation charges, missing furniture or fixtures, keys you don't return to the management, etc.
• The reasonable cost of cleaning if you fail to properly clean before you leave. Many rental properties have written cleaning instructions for you to follow.

Can I deduct my security deposit from my last month's rent?

No. You cannot deduct the amount of the security deposit from your last month's rent. Your security deposit is not part of your rent payment. It is money paid in advance to offset any damages you cause or other non-rent amounts you owe to the property while you live there.

What should I do if I disagree with deductions made from my security deposit?

You have a number of options. You should first discuss your situation with the onsite management, and try to resolve any issues. If that fails, you may want to contact the management company office or the property owner to complain. You can also contact the AANC affiliated local association in the area where the property is located, for more information or referrals to other sources of assistance.

I'm buying a house. Can I get out of my lease?

There seems to be a common misperception that buying a home allows you to break your lease; that's not true. Unless you and the property owner agreed to some special provision when the lease was signed, you will still be responsible for any charges noted in your lease if you move out early to purchase a home. Such charges may include the remainder of the rent through the end of your lease term, less rent received from a subsequent resident.

My company is transferring me to another city. Can I get out of my lease?

Unless you have a transfer clause in your lease that was agreed to by all parties when the lease was signed, you'll still be responsible for any charges noted in your lease if you move early because of a job change or move. Such charges may include the remainder of the rent through the end of your lease term, less rent received from a subsequent resident. You may want to discuss this with your employer when you are negotiating the transfer.

I don't think the property is maintained well. Can I get out of my lease?

Maybe, but that decision will likely be made in court. If repairs are not being made to conditions that materially affect the health and safety of the ordinary resident, and you follow the appropriate notice provisions outlined in state law, you may exercise statutory remedies that can include terminating your lease. However, you must follow the notice procedures carefully. You may want to get legal advice before trying to use these provisions in the law.

I don't feel safe at the property anymore. Can I get out of my lease?

If a crime occurs at a property, it's unfortunate for all concerned: the victim, the other residents at the property and the dwelling owner. Most owners don't give any guarantees about the security of the property, or promise you that no crimes will occur on the property. So the owner is not likely to be in default of the lease if a crime does occur on the property. You can certainly discuss the specific situation with the owner or management to see if they are willing to accommodate your requests, or can advise you about additional precautions you should take. If you still want to move out, you can do so, but you will likely be responsible for any penalties outlined in your lease for moving out early.

What gives a management company the right to evict me?

If you fail to comply with one or more of the terms and conditions of your lease, North Carolina law considers such failure as constituting a "default" - a legal term meaning you have forfeited your right to possession of the apartment.

How much notice must I receive to be evicted?

The AANC Lease Contracts allow 24 hours' notice for eviction.

What happens if I get an eviction notice?

These are the major steps in the eviction process:

• You'll receive a written notice to vacate from the property management. If your lease is in writing, it may allow this notice to be given just one day before you're asked to move out. If you don't have a written lease or your written lease does not state otherwise, you must be given at least three days notice.
• The property owner files an eviction lawsuit in Small Claims Court
• A sheriff's deputy will serve you with lawsuit papers
• A hearing is held in Small Claims Court (shortly after you receive a copy of the lawsuit)
• If the property owner wins, the sheriff's deputy will evict you, and may peacefully remove your property from your apartment.

If I live in an apartment building, what are my rights to use satellite dishes?

A Federal Communications Commission rule applies to antenna users who live in a multiple dwelling unit building, such as an apartment building, if the antenna user has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.

Does the rule apply to apartment buildings if the antenna is installed so that it hangs over or protrudes beyond the balcony railing or patio wall?

No. The rule does not prohibit restrictions on antennas installed beyond the balcony or patio of an apartment unit if such installation is in, on, or over a common area. An antenna that extends out beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule. Therefore, the rule does not apply to a rental apartment unit unless the antenna is installed wholly within the exclusive use area, such as the balcony or patio.

Are there restrictions that may be placed on residents of rental property?

Yes. A restriction necessary to prevent damage to leased property may be reasonable. For example, tenants could be prohibited from drilling holes through exterior walls or through the roof. However, a restriction designed to prevent ordinary wear and tear (e.g., marks, scratches, and minor damage to carpets, walls and draperies) would likely not be reasonable provided the antenna is installed wholly within the antenna user's own exclusive use area. In addition, rental property is subject to the same protection and exceptions to the rule as owned property. Thus, a landlord may impose other types of restrictions that do not impair installation, maintenance or use under the rule. The landlord may also impose restrictions necessary for safety or historic preservation.

If my association, building management, landlord, or property owner provides a central antenna, may I install an individual antenna?

Generally, the availability of a central antenna may allow the association, landlord, property owner, or other management entity to restrict the installation by individuals of antennas otherwise protected by the rule. Restrictions based on the availability of a central antenna will generally be permissible provided that: (1) the person receives the particular video programming or fixed wireless service that the person desires and could receive with an individual antenna covered under the rule (e.g., the person would be entitled to receive service from a specific provider, not simply a provider selected by the association); (2) the signal quality of transmission to and from the person's home using the central antenna is as good as, or better than, the quality the person could receive or transmit with an individual antenna covered by the rule; (3) the costs associated with the use of the central antenna are not greater than the costs of installation, maintenance and use of an individual antenna covered under the rule; and (4) the requirement to use the central antenna instead of an individual antenna does not unreasonably delay the viewer's ability to receive video programming or fixed wireless services.