CanI be evicted in retaliation for making complaints?
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CanI be evicted in retaliation for making complaints?
I feel as though I am being harassed by my apartment complex. I sent in 2 complaints to the property owners the latest was on 10-8-10 and when I got home a notice was put on my door saying they would not be renewing my lease. I went to talk to the manager and asked her why and she said it was the complaints. I said what complaints are you talking about; she left to go look for my file. Then said it was because I have been late. I was late before and they renewed my lease. I feel like it was because I complained to the owners.
Asked on October 10, 2010 under Real Estate Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What you are thinking of here is "retaliatory eviction". Under NC law when a tenant seeks to enforce their rights, a landlord may not seek to evict a tenant for filing certain complaints, etc., as these activities are protected under the law. However, here you are not being evicted. You are simply not having your lease renewed. Additionally, by your own admission you have been late with rent. While the landlord let this go previously there is no requirement that they repeatedly do so. I'm afraid that based on the facts that you have presented, you have no legal recourse here against your landlord.
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