Is This Right?

[dollyllama]

What is the name of your state? North Carolina

I've rented this same apartment now for 4 years. My issue isn't with the landlord directly. Its mainly with the practices of his offices that handle the apartments where I reside. I live off of a busy road in what is more of an apartment simplex- there are 4 buildings with six units each- three downstairs, three upstairs. These buildings are approximately 8 years old. He bought them when the first two buildings were being built.

To date, our rent was increased last year by $40. Not a big deal, except one tenant did not have her rent increased because she was, so to speak, in our landlord's ultimate good graces. She also has a master key to the apartments here, has the ability to turn the water on or off to any specific apartment, and has free reign. Now, she doesn't necessarily work for the landlord. She works for his wife who is separate from these apartments. The most work she does for our landlord now is mowing the grass and cleaning the apartments when a tenant moves out, which she has up to a two week prior notice before any said tenant is evicted. She also has the ability to have any tenant here run off should she find herself not liking the tenant at any one time. I've seen this happen. Our landlord and his employees (office personel) will divulge sensitive information about tenants to this one individual. Which is then handed down to those who are on friendly terms. Its rather scary to think that our financial/credit information is shared with this woman.

Is this right? Before any comments on that- the other employee that works maintainance does not have a masterkey on his person. He has to go to the office and get the key before coming to make any repairs. Not even the exterminator gets the keys. He also has to go and get them. She is the only one.

My next question is regarding eviction- I have seen several tenants evicted from this simplex. And the most they are given is up to 7 days to move. I was under the impression that according to NC statute, eviction notices give you 30 days to move. Is this correct? And if so, how is it that my landlord just gave my neighbor the heave, after he did no wrongdoing with only one day to move?

My final question has to do with noise. Our "quiet time" here is reported to be 11 p.m., which is not a problem because most of us here get up early for work. Does this noise include or exclude say a crying infant/small child aged up to three years of age? And should a small child aged up to three years old violate this 11 p.m. "quiet time", could that be grounds for eviction?

I would like to add that in the first paragraph, I stated that our rent was increased. It was increased to $40 for "upkeep" so to speak. The only upkeep to date, aside from montly exterminator inspections, is the grass being mowed. To date, the decks are rotting, the stairs are falling apart, there is mold growing in the apartments and on the decks outside. There is no actual maintaince unless something breaks down inside an apartment that requires the maintaince man to come and fix it.

No flames please. Thank you in advance for any and all replies.

 

[Cvillecpm]

She is the emergency contact person which you have acknowledged.

I'm always amazed how tenants think they have PRIVACY when they violate rules and the state landlord-tenant regulations REQUIRE they have notice prior to being evicted and one of the ways to give notice is to POST A NOTICE ON THEIR DOOR!!! DUDAH!!!

TEND TO YOUR OWN KNITTING & MOVE ON!!

 

[dollyllama]

She is the emergency contact person which you have acknowledged.

I'm always amazed how tenants think they have PRIVACY when they violate rules and the state landlord-tenant regulations REQUIRE they have notice prior to being evicted and one of the ways to give notice is to POST A NOTICE ON THEIR DOOR!!! DUDAH!!!

TEND TO YOUR OWN KNITTING & MOVE ON!!

I don't know if I'd call it "emergency contact" but if that's what she is, then fine.

Who violated any rules?

And no one has ever received an eviction notice on their front door. Its usually a letter in the mailbox from the landlord.

Thanks for your kind words...

 

[MIRAKALES]

Essentially, all of the issues tenant raised are not violations of law:
The tenant/occupant that lives on the premises is an acting onsite manager. The access provided with the master key and the tenant information required for premise management would be necessary for an onsite manager. Otherwise, LL would need to attend to the duties that require immediate access or onsite presence. It is not likely that the onsite manager has access to financial/credit information. Nothing stated indicates that this is the case. Tenant is overreacting to the situation because tenant believes tenant/occupant/onsite manager has the same status as other tenants because they occupy the same rental premises.

In North Carolina, a Notice to Cure or Quit allows tenant ten (10) days to cure default. In North Carolina, the notice period to terminate tenancy is seven (7) days for a month-to-month tenancy. It would not be possible for one tenant to know the circumstance or timelines for another tenant’s cause for violation or lease termination, without being privy to management records.
Quiet enjoyment does not preclude an infant/child from crying. This is not grounds for eviction of a family due to their infant/child’s natural tendency to make noise. Baby’s cry… Tenant's complain... (violating LL's quiet enjoyment)

Rent increases for purposes of “upkeep” can also be allocated toward utility costs which factor into maintenance. The rising cost of utilities has been the basis of most recent rent increase. With the state of the economy, maintenance issues will be limited to basics -- electric, plumbing, structure, emergencies, etc. The scheduled and routine upkeep for maintenance and repair (such as molding deck) will not receive priority, unless the deck is a hazard. Mold growing outdoors is not necessarily a health issue... (check with code enforcement to be sure.)

 

[dollyllama]

Essentially, all of the issues tenant raised are not violations of law:
1)The tenant/occupant that lives on the premises is an acting onsite manager. The access provided with the master key and the tenant information required for premise management would be necessary for an onsite manager. Otherwise, LL would need to attend to the duties that require immediate access or onsite presence. It is not likely that the onsite manager has access to financial/credit information. Nothing stated indicates that this is the case. Tenant is overreacting to the situation because tenant believes tenant/occupant/onsite manager has the same status as other tenants because they occupy the same rental premises.
2)Quiet enjoyment does not preclude an infant/child from crying. This is not grounds for eviction of a family due to their infant/child’s natural tendency to make noise. Baby’s cry… Tenant's complain... (violating LL's quiet enjoyment)
3)Rent increases for purposes of “upkeep” can also be allocated toward utility costs which factor into maintenance. The rising cost of utilities has been the basis of most recent rent increase. With the state of the economy, maintenance issues will be limited to basics -- electric, plumbing, structure, emergencies, etc. The scheduled and routine upkeep for maintenance and repair (such as molding deck) will not receive priority, unless the deck is a hazard. Mold growing outdoors is not necessarily a health issue... (check with code enforcement to be sure.)

I'll address them by number. And thank YOU, Mirakles for being so kind (I mean this honestly) and providing all that information.

1) As for her being onsite management, she isn't unless you count it by default. But she's not introduced as such.. If you had to name the manager, it's the woman we pay our rent to in the office itself. If we have a complaint, we call the office. Which, like most apartments, is separate and up the road from where we live. And, while she doesn't have access to our financial information, she gets told a great deal about each of us that lives here.

2) Thank you so much.

3)We pay our own utilities- water, electric. Is that what you're talking about? As for the mold, some of us worry. And the decks are getting to be awful. A few times that I've been up there, there are loose boards, the stairs are in poor repair. Some of them are tipping up and nails are coming out. The rails are loose and shaky. I realise this is normal wear and tear for an aging building but ...

Thank you so much, Mirakles. You were very helpful. And not a one of us here, except new tenants, has a lease. We're all month-to-month. So that's very helpful.

 

[HuAi]

1) She is clearly in posession of keys etc because she is acting as an agent of the landlord. For example if she inadvertenly damaged something in your apartment one day, you would be able to sue the landlord. She's an onsite manager, not a tenant.

3) With a month-to-month lease ,the landlord can raise rent as much as he wants any time he wants with 30 days notice. $10 a year increase is miniscule, probably barely keeps up with inflation! I'd be glad its only that little.