Justia Landlord - Tenant Opinion Summaries

Articles Posted in North Carolina Supreme Court
The Supreme Court reversed the decision of the court of appeals affirming the trial court's judgment evicting Tenant and granting possession of the apartment in which she lived to Landlord based on nonpayment of rent for January 2017 and the first part of February 2017, holding that eviction was improper.The apartment complex in this case was a project-based Section 8 property. In late 2016, Landlord sought to evict Tenant by terminating her lease for alleged breaches relating primarily to her conduct. On January 9, 2017, Tenant was served with a notice to pay rent or quit, claiming Tenant was in default under the rental agreement. The district court determined that Landlord had waived its claims as to Tenant's alleged lease breaches. The court then entered a judgment evicting Tenant and granting possession of the apartment to Landlord. The Supreme Court reversed, holding (1) Landlord did not waive his right to terminate the lease based on Tenant's alleged breaches; (2) terminating a lease or a federal subsidy for a tenant in a federally-subsidized housing arrangement requires compliance with federal law as incorporated in the terms of the lease; and (3) there were insufficient findings to support the conclusion that Landlord was entitled to possession on the basis of nonpayment of rent. View "Winston Affordable Housing, LLC v. Roberts" on Justia Law