EDITION: Wilkes County
FAQs PLACE A CLASSIFIED AD ADVERTISE YOUR BUSINESS
45 °
Fair
Registered Users, Log In Here
Lnadlord tenant law question

Mama_Bear2k19

Posted 9:39 pm, 11/24/2022

Definitely don't live in the cheap side of town. More like the more expensive side of Wilkes. I love all the negative and snid remarks thinking were cheap livers or something. Just because we cant afford a $250k house? Can't catch a break with people these days. Always wanting to make somebody's lives harder than it's meant to be. None of y'all know me. But y'all say we live cheap? In section 8? Ha, y'all are funny. Not everybody lives off the government like some of the people that stay on these forums. Some of us make a true living. Living day by day. Sometimes paycheck to paycheck. But people with big fancy houses. And brand new cars. Always got something to say about poor folk. I'm sorry, I asked a simple question. If you did not know the answer or what may help. Why respond? Why antagonize? Provoke? Why be a**holes and judge somebody about crack heads and animal abusers? Or say they live in section 8 for a simple question? Can't judge a book by the cover. But the words on the inside are pointing to some commenters as stuck up snobby s. 🤷🏼‍♀️ Happy Thanksgiving. I'm done with seeking advice from people that may or may not help much.

Joseph T.

Posted 9:25 pm, 11/24/2022

Only if the renter doesn't know the law.

aFicIoNadoS

Posted 9:01 pm, 11/24/2022

Joe, when the property owner lives at the same said property and there are less than 4 rental units, it opens up a lot of room for discrimination. Especially if the person has a record.

smalltownman

Posted 9:00 pm, 11/24/2022

underdog2 (view profile)

Posted 8:39 pm, 11/24/2022

You must live in the cheap side of town. Section 8


That's 99.9% of Ashe county

underdog2

Posted 8:39 pm, 11/24/2022

You must live in the cheap side of town. Section 8

Mama_Bear2k19

Posted 8:36 pm, 11/24/2022

Well my husband and I have been in the home buying process. But all these people wanting to make that bang for the buck with the market is making it awful hard to find a home we can afford. So therefore we are stuck with renting till we find something. I'm sorry not everybody makes enough money to just go out and buy a house. We make due with what we got. But we don't see it fit that a landlord can tell you who you can and can't have at your LEASED or RENTED home. You are paying for it. And technically we have renovated their rental. Which will bring more money when we leave.

Joseph T.

Posted 6:11 pm, 11/24/2022

msmanners (view profile)

Posted 5:56 pm, 11/24/2022

It doesn't matter what the law says. If the landlord told them not to have someone at his rental property then do what the landlord says or you will be evicted.

No, you won't that is also against the law and the landlord has to Goto court to evict a tenant. No judge is going to evict a tenant when the landlord is breaking the law. The law according to the NC Supreme Court also allows for the landlord to be prosecuted for trespassing on the tenant's leasehold. If you would read the article from the UNC School Of Government at the OPs link, you might learn something

msmanners

Posted 5:56 pm, 11/24/2022

It doesn't matter what the law says. If the landlord told them not to have someone at his rental property then do what the landlord says or you will be evicted.

Hepsibah

Posted 5:41 pm, 11/24/2022

I think msmanners is making a case for home ownership.


Yeah, off topic and has nothing to do with what might (or might not) have happened today.

But it's still the way to go, when you can swing it.

Joseph T.

Posted 5:23 pm, 11/24/2022

msmanners (view profile)

Posted 4:54 pm, 11/24/2022

Easy enough answer is if you don't own the home, you rent it, then buy you a home and you can have whomever or whatever you want in your home. Interesting fact someone else owns the roof over your head and if they have verbally told you not to have said person at the home then either do as he asks or Move.

Well, it's clear that you didn't read the link from the OPs post since that's not what the law says.

Hepsibah

Posted 5:13 pm, 11/24/2022

msmanners, I like the way you cut right to the chase.

msmanners

Posted 4:54 pm, 11/24/2022

Easy enough answer is if you don't own the home, you rent it, then buy you a home and you can have whomever or whatever you want in your home. Interesting fact someone else owns the roof over your head and if they have verbally told you not to have said person at the home then either do as he asks or Move.

Joseph T.

Posted 1:49 pm, 11/24/2022

1goddess (view profile)

Posted 11:18 am, 11/24/2022

It appears that the op is asking...If her residence is on the home property of the landlord and she invites someone to her residence and the intended visitor has to cross over and into the landlords property to get to her residence, can the landlord consider her visitor as a trespasser before he actually gets to her place of residency, that's the way I read it.

I don't have an answer, obviously but....I would think if the landlord catches the intended visitor on his property, he could then have them arrested???
what ya'll think???
The answer is in the OPs link and you would be wrong
Taken from the Ops link

The North Carolina Supreme Court reversed, holding that Nelson was rightfully in possession of the property, and so had the right "to invite such persons as his business, interest, or pleasure might suggest to come upon the premises . . . for any lawful purpose." The rule of Lawson � that the tenant's right to invite is superior to the landlord's right to exclude � is the law in most, if not all, jurisdictions.

("A landlord generally does not have the right to deny entry to persons a tenant has invited to come onto his property."). It's also consistent with the rule that a landlord may be prosecuted for trespassing on the tenant's leasehold. And it's in keeping with the rule, in the Fourth Amendment context, that the tenant, not the landlord, is the party entitled to give or to withhold consent to search.

1goddess

Posted 11:18 am, 11/24/2022

It appears that the op is asking...If her residence is on the home property of the landlord and she invites someone to her residence and the intended visitor has to cross over and into the landlords property to get to her residence, can the landlord consider her visitor as a trespasser before he actually gets to her place of residency, that's the way I read it.


I don't have an answer, obviously but....I would think if the landlord catches the intended visitor on his property, he could then have them arrested???

what ya'll think???

Joseph T.

Posted 10:49 am, 11/24/2022

Reading the link, it appears that the landlord can be prosecuted for trespassing.


("A landlord generally does not have the right to deny entry to persons a tenant has invited to come onto his property."). It's also consistent with the rule that a landlord may be prosecuted for trespassing on the tenant's leasehold. And it's in keeping with the rule, in the Fourth Amendment context, that the tenant, not the landlord, is the party entitled to give or to withhold consent to search.

One thing is I doubt the landlord will renew the lease

Joseph T.

Posted 10:38 am, 11/24/2022

You might want to read the op link

Return of Kangz

Posted 10:04 am, 11/24/2022

Keep meth heads and animal abusers off the property like the Landlord told ya .


You don't own that home, you rent it.

Joseph T.

Posted 9:28 am, 11/24/2022

I think you found the answer yourself. If it were me, I would copy the page at your link to show the cops and the landlord


Taken from your link

The North Carolina Supreme Court reversed, holding that Nelson was rightfully in possession of the property, and so had the right "to invite such persons as his business, interest, or pleasure might suggest to come upon the premises . . . for any lawful purpose." The rule of Lawson � that the tenant's right to invite is superior to the landlord's right to exclude � is the law in most, if not all, jurisdictions.

Mama_Bear2k19

Posted 8:47 am, 11/24/2022

Is there anybody that knows if a landlord can or can not do this;

Landlords are saying that certain person cannot come up to renters home or be on their property. Renters home is located on landlords property. Saying they will call cops and have them arrested for trespassing if they are caught on property. But tenants home is away from landlords. But still located on their property. Tenant pays bills on time and never late or missed payment.

Link below is something I found on Google about situation:

https://nccriminallaw.sog.u...espassers/

Short question: can a landlord tell you somebody can't come to your home that you rent if it's located on their property as well, if they say they ain't allowed on their property?

Adams Funeral Home of Wilkes
Offering funeral and cremation services. Serving Wilkes, Alexander and surrounding counties. Contact us today about pre-planning arrangements.
Advertise your business here for $5/day
This is crazy: in December 2023, the average banner here was seen 1,139,054 times and was clicked 170 times! Click here to advertise for less than $5 /day
Invest commission-free & no account minimums!
We're all about helping you get more from your money. Let's get started today. Trade stocks, bonds, options, ETFs, and mutual funds, all in one easy-to-manage account.