Re: non-renewal of lease - Landlord Forum thread 337849

Re: non-renewal of lease by MrDan (Georgia) on August 3, 2015 @16:58

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Fair Housing is not a one time occurrence, but a continuous obligation for the landlord under both North Carolina and Federal law.

Fair Housing applies before, during and after a landlord rents to a tenant. It's not something that one proves once and is done. A landlord can violate Fair Housing at any step, from advertising and interviews to the way a landlord handles applications to a slow response for repairs.

A North Carolina landlord can non-renew a tenants lease as long as it's not a violation of Fair Housing laws and complies with State laws.

North Carolina Landlord Tenant laws govern all aspects of the landlord tenant relationship. For example, if you wish to just take a break, North Carolina law states "if the landlord seeks in good faith to recover possession at the end of the tenant's term for use as the landlord's own abode, to demolish or make major alterations or remodeling of the dwelling unit in a manner that requires the complete displacement of the tenant's household, or to terminate for at least six months the use of the property as a rental dwelling unit" is reasons to end a tenants lease.

North Carolina landlord tenant laws provide the tenant defenses to evictions, along with North Carolina's Unfair and Deceptive Trade Practices Act.

If you are non-renewing a tenants lease, it's best to have a defensible lawful reason for doing so. For example, if you are non-renewing a family with children because they were always late on paying rent, you should have detailed documentation of each late payment as proof. The tenants could claim that you didn't renew because of their children, whether true or not, it's expensive to defend a discrimination claim.

North Carolina Fair Housing Laws

Many Apartment Associations offer courses for landlords on Fair Housing, which every landlord should take.

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