On Tuesday the NC Court of Appeals handed down an opinion in Crawford v. Nawrath, a Mecklenburg County case involving the calculation of damages for violation of the Residential Rental Agreement Act (RRAA). The Crawford opinion is unpublished and thus does not constitute controlling legal authority but nevertheless is interesting and informative, both procedurally and substantively.
Archive
Tag: landlord-tenant
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Business or Shelter: When the Commercial/Residential Distinction Makes a Difference in Landlord-Tenant Cases
My topic for today’s post is drawn from an email I received last week from a magistrate asking several great questions. Here’s what she wrote:
“I was just thinking about tenant/landlord relationships and types of leases. . . . What are the differences between regular lease agreements and that for commercial properties that we as magistrates need to know? Do they both have the same notice requirements? Are commercial property evictions cases that magistrates would preside over in small claims court? Are the grounds for eviction identified in [Small Claims Law] on page 157 the same for commercial leases?” In preparing to answer these questions, I learned some things I thought some of you might find interesting.
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Summary Ejectment & Unconscionability: When Breach of the Lease Is Not Enough
North Carolina law permits summary ejectment from residential housing only for reasons specified in the statute. G.S. 42-25.6. In Eastern Carolina Regional Housing Authority v. Lofton, 767 S.E.2d 63 (2014), the North Carolina Court of Appeals decided a case—and created new law – related to one of the most common grounds for summary ejectment: breach of a lease condition which, according to the lease itself, triggers the landlord’s right to declare the lease forfeited.