FeesThe rental agreement must indicate whether the landlord, tenant or both pay for costs such as water and sewers, electricity, real estate or tenant insurance and property taxes. In 1920, the Supreme Court of North Carolina dealt with the above issues. In Mauney v. Norvell, the parties have orally agreed to a lease of more than three years. At the time, North Carolina law required that all “leases and leases of land that last an extra three years” be included in a signed letter. This law is a direct precursor to the current “fraud law.” Today, as in 1920, all leases for real estate for more than three years must be written, signed by the party in charge of the contract. If this requirement is not met, the contract is null orable. As a result, the parties to Mauney did not have a valid lease agreement. The court stated that “if you enter possession of land under an invalid lease, your lease is a lease as you see fit.” (internal quotes are omitted). Legal recognition of the tenant`s right to ownership of the premises is a legal recognition, as the landlord readily allows it to remain in possession. The lease is immediately terminated at the request of the owner in possession. In addition, the Mauney tenant paid the rent under the nullity of the oral lease, and the landlord accepted these payments. Nevertheless, the court was keen to pay the rent not a tenancy agreement between the plaintiff and the defendant, but was simply for the use and occupancy of the premises.
. As a result, the lessor was authorized to evict the tenant immediately on his application for possession. At first glance, the Mauney holding company seems unreasonably harsh on North Carolina tenants, who truly believe they are parties to an enforceable lease. It also seems generous to North Carolina homeowners who accept and receive rent benefits, although there is no rental contract, and who can immediately require ownership of the premises. CautionAll deposit required by the lessor to ensure the faithful performance of the tenant`s obligations must be specified in the tenancy agreement. In the case of a tenancy agreement of at least one year, the deposit cannot exceed the rent of two months. The security deposit can only be used for purposes defined by law, for example. B to compensate the landlord for non-payment of rent, deterioration of premises or relocation costs after the break of the tenant`s contract. In addition to its violation of the right to tenancy, the tenant also sued the lessor for harassment – or “unreasonable interference in the use and enjoyment of the lease.” The Tenant has also made claims for unfair and deceptive fraud and business practices that are not addressed in this article. The Court of Appeal deplored the fact that the tenant of Kent was a tenant as he pleased and that the tenancy agreement could therefore be terminated immediately by a constructive evacuation (such as the operation of the plastic plant). Effective evacuation “is not compatible with the very limited property rights [of the tenant] who are held as tenants at will.” In addition, the court noted that most states treat a lease under an inconclusive lease as a periodic lease or recognize that a lease is converted as it sees fit into a periodic lease agreement at the time of payment and acceptance of rent.