Articles in the Small Claims Law category - Page 2 of 7

Recently, I had the pleasure of teaching “Introduction to Small Claims Court” to a group of magistrates who turned out to be actors in disguise. The course culminated in a […]

It all began when two people fell in love…well, maybe not love, but they at least liked each other enough to enter into a landlord-tenant relationship. Like so many relationships, […]

It is not uncommon for me to answer calls from judicial officials grappling with breach of contract cases where the official believes there has likely been a breach, but they […]

Both federal and North Carolina fair housing laws make it unlawful for a housing provider to refuse to make a reasonable accommodation that a person with a disability may need […]

Every magistrate has picked up the phone to a caller who is staying at a hotel asking if he is a tenant or a hotel guest. If it is not the occupant calling, then it is the owner of the hotel asking if they have to evict the occupant or if they can take out trespass charges. Recent legislation, S.L. 2023-5, defines “transient occupancy” in inns, hotels, motels, recreational vehicle parks, campgrounds, and other similar lodgings in a manner that may provide some clarification for callers who are owners and residents of these types of lodgings.

Rent abatement is a remedy available to tenants when landlords fail to provide them with a fit and habitable property. Some things to consider when the court is faced with […]

The NC Court of Appeals recently answered a question I’ve long wondered about in Brown v. Patel, 2021-NCCOA-342 (20 July 2021). Although this lawsuit started out as a bedbug case […]

Readers are probably aware that the CDC Eviction Moratorium has been extended until July 31, accompanied for the first time by a statement that it is unlikely to be further […]

Over the last several months, both federal and state governments have issued orders, effective until December 31, placing temporary restrictions on residential evictions. As everyone knows, many tenants have lost […]

If you are a judicial official hearing summary ejectment actions right now, you have plenty to be confused about. I’ve recently received a number of inquiries from you asking why […]