NC Tenant's Rights During Covid-19

Is your landlord hassling you for
rent $$$ during the global pandemic?

Know Your Rights

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- What happens if I am not able to pay my current month’s rent?

Nothing right now. Magistrates are not currently hearing eviction cases. The top judge in the state of North Carolina has issued an order that all non-essential cases, like evictions, shall not be heard until at least June 1, 2020. Evictions will begin to move through the court system slowly beginning on June 1, 2020.

- Can my landlord just lock me out?

No. It is never legal for a landlord to lock out a residential tenant (a tenant renting a place to live in). If you rent a property to run a business, your landlord is permitted to lock you out under limited circumstances.

- But my landlord said s/he is going to “institute eviction proceedings" or "file papers”. Do I have to move out?

No. “Institute eviction proceedings” or “file papers” is just a fancy way of saying your landlord will file the paperwork to begin the eviction process. The clerk’s office, where paperwork is filed, is still open and accepting this paperwork. But eviction cases are not being scheduled or heard. You can stay put regardless of what your landlord tells you.

- But my landlord has threatened to cut off my water/electricity/gas/internet? Is that legal?

No. Governor Cooper issued an order stating that no utility provider may disconnect utility services to a customer for nonpayment.

- What can I do if my landlord locks me out or shuts off my utilities?

Contact the North Carolina Attorney General’s Office. If you have internet access, you can file a complaint here or call them at 1-(877)-5-NO-SCAM. Spanish language website for complaints here.

- What will happen once the courts start hearing evictions again?

We don’t currently know. Governor Cooper has strongly encouraged landlords to work with tenants in order to keep them in their current living situation. As things currently stand, landlords will be able to evict you as soon as the courts reopen.

- What can I do in the meantime?

Contact your state representative and your state senator here or call (919) 733-4111. Tell them about your situation and ask them to change the law and require your landlord to work with you.

- What do I do if I can’t make ends meet right now?

If you are struggling, be sure to meet your basic needs first, i.e. food, medicine, etc. before you pay your rent or utilities. Click here for a map of mutual aid organizations near you that might be able to help you access necessities.

- Is my landlord getting stimulus money AND threatening to evict me?

Maybe. Under the CARES Act (the law that came from our national Congress after COVID hit the United States), landlords who have what’s called a “federally backed mortgage” through Fannie May or Freddie Mac cannot evict tenants for three months. This is not the same as the courts not hearing eviction cases.

- How do I know if my landlord is covered by the CARES Act?

Unless your landlord is on this list, there isn’t an easy way. Informing them that you know your rights will be effective in preventing unlawful actions by your landlord.
Form letter you can send to your landlord stating general information about the CARES Act and some of these laws (link to Google Doc here):
- Dear Landlord, I am writing to inform you of my rights under North Carolina law and restrictions on what you are permitted to do as my landlord. (1) I have the right to remain in my residence even if I can’t pay my rent right now. (2) I have the rights to the use of all of my utilities even if I cannot pay for them right now. (3) I have the right to quiet enjoyment of my residence and you may not engage in any behavior with the intent or effect of forcing me to leave my residence without a court order. (4) If you have a federally backed mortgage through Fannie May or Freddie Mac, you may not serve me with an eviction notice before July 25, 2020. (5) It is unlawful for you to track my stimulus money and if you do so, I have the right to avail myself of all of my legal remedies. (6) I have the right to organize with my neighbors and develop strategies for dealing with my inability to pay rent. (7) I have the right to call the Attorney General’s Office or a private lawyer if you engage in any unlawful practices. (8) I have the right to call law enforcement if you engage in any criminal practices. Signed,
Spanish version of letter (link to Google Doc here):
- Estimado propietario, Le escribo para informarle sobre mis derechos bajo la ley de Carolina del Norte y las restricciones sobre lo que se le permite hacer como propietario. (1) Tengo derecho a permanecer en mi residencia incluso si no puedo pagar mi renta en este momento. (2) Tengo los derechos para el uso de todo servicios públicos (“utilities”), incluso si no puedo pagarlas en este momento. (3) Tengo derecho a disfrutar tranquilamente de mi residencia y no puede llevar a cabo alguna actividad con la intención o el efecto de obligarme a abandonar mi residencia sin una orden judicial. (4) Si tiene una hipoteca respaldada por el gobierno federal a través de Fannie May o Freddie Mac, no me puede enviar un aviso de desalojo antes del 25 de julio de 2020. (5) Es ilegal que rastree mi dinero de estímulo y si lo hace, tengo derecho a hacer uso de todos mis recursos legales. (6) Tengo derecho a organizarme con mis vecinos y desarrollar estrategias para lidiar con mi incapacidad para pagar el alquiler. (7) Tengo derecho a llamar a la Oficina del Procurador General o a un abogado privado si se involucra en alguna práctica ilegal. (8) Tengo derecho a llamar a la policía si se involucra en alguna práctica criminal. Firmado,

- What if the letter is not successful?

Reach out to NC Legal Aid here or call 1 (866) 219-LANC (5262).

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YOUR CART

Is your landlord hassling you for
rent $$$ during the global pandemic?

Know Your Rights

Have a story to tell? Send it to us below:

YOUR CART

​Is your landlord hassling you for​rent $$$ during the global pandemic?​

Know Your Rights

Have a story to tell? Send it to us below:

Is your landlord hassling you for
rent $$$ during the global pandemic?