Can my renter claim occupancy after not paying rent?

Full question:

My renter got behind in his rent and in some jobs I paid him to do. Because I confronted him, he decided to call the Building code Officer and report the areas that needed repair. The house is 90 years old and I had planned to demolish it before he persuaded me to to let him rent it and do the repairs. I had planned to clear the lot and rebuild. So, I asked the code enforcers to put it up for demolition, which they did, and asked relocation for him. He was turned down for relocation benefits because of his criminal report. During this time, energy company discovered his scheme of stealing electric power by installing a stolen meter. The meter was removed and the box was locked. He tried wiring it up again and the power company came and cut the wires and dismantled it from the pole. The water company cut off the water from the house due to non-payment. The gas company found a stolen meter, also, so they removed it and locked the gas lines. The house, of course, not livable.He was making money and he rented another place, but allowed many of his homeless buddies to stay in my property, planning to claim occupancy because he had left his (non-paid) rental furniture there, which the rental company was also trying to repo for non-payment. I think that once he rented elsewhere (and no payment to me)he has no right to claim residency in my house. My question is: Does this renter have rights to claim occupancy and what are my rights to possess my property in order to demolish it and clear this lot for building?

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: North Carolina

Answer:

The answer depends on the specific facts and documents involved, such as whether the tenant has a written lease and if the property has been declared uninhabitable. Typically, a tenant can only be removed through the eviction process in court after providing written notice to terminate the lease. Non-payment of rent or lease violations, like unauthorized subletting, can justify lease termination, but the tenant may present defenses, such as failure to make necessary repairs.

The tenant must be served with a Summons and Complaint by the Sheriff’s Office, either personally or by posting. The Summons will detail the date, time, and place for the court hearing. The tenant may have defenses against eviction based on the reasons outlined in the Complaint. They can also file counterclaims against the landlord, such as seeking damages if the eviction was attempted unlawfully.

Either party has ten days to appeal the magistrate's decision to District Court for a new trial. During this appeal period, the tenant cannot be evicted. If the tenant appeals properly and pays the rent due to the Clerk of Superior Court, they may retain possession of the premises. They might also need to pay any undisputed past-due rent unless they qualify as indigent.

If the eviction is for non-payment of rent and the judgment is entered more than five working days before the next rent payment is due, the tenant must also pay prorated rent for that period to stay the execution of the magistrate's judgment for possession pending trial.

If the tenant does not appeal within ten days or loses the appeal, the court may issue a Writ of Possession, directing the Sheriff to remove the tenant and their belongings. Only the Sheriff can carry out the eviction; landlords cannot forcibly remove tenants.

A landlord's failure to address issues affecting the habitability of the premises may allow for lease termination. The warranty of habitability requires landlords to maintain safe and sanitary housing fit for human habitation. A breach occurs if conditions materially affect the tenant's health or safety or if the property is not fit for its intended use. Factors such as housing law violations, the seriousness of defects, and the length of time conditions persist are considered in determining habitability.

To assert a breach of the warranty of habitability, the tenant must show they notified the landlord of the defect, the landlord had a reasonable opportunity to make repairs, and failed to do so.

If you wish to pursue legal action, consider reviewing the relevant contract information and local statutes, such as NC statutes § 42-14 regarding notice to quit and § 42-25.9 regarding remedies for unlawful eviction.