North Carolina Indemnification of Owner of Premises by Guest User of Premises for Special Event

State:
Multi-State
Control #:
US-13380BG
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Word; 
Rich Text
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Description

An indemnity agreement is where one party to an agreement or contract agrees to pay the costs and liabilities associated with a certain event.

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FAQ

How Many Days Can a Tenant Have a Guest Visiting in the Home? Generally, guests can stay with a tenant between ten and 14 days in a six-month period. After 15 days, it is up to the landlord to decide if the guest should be viewed as a tenant. However, the number of days could be fewer depending on the lease terms.

Any guest residing at the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant. This person must be added to the lease agreement.

Unfortunately, while they may not be technically accountable for the actions of their tenants, landlords may ultimately be liable if they allow or tolerate nuisance behavior or if they know that there is a great probability that such problems will occur.

Landlords are not liable for noisy tenants unless they have directly participated in the noise or allowed the tenants to make noise. So, if you, for example, attend a party held by the tenant which causes a complaint to arise or you provide sound equipment that a tenant uses to cause a noise complaint, you are liable.

The first step you want to take to evict someone with no lease in NC is to provide the tenant with notice. The amount of notice required will depend on the terms of your prior lease. Unlike the 10 day notice for eviction for non-payment, you will have a different notice requirement for this type of ejectment.

What if I want to get someone out of my home, but we never signed a lease? Leases can be written or oral. However, a person allowed to live in someone else's home without any agreement to pay rent or become a tenant is a guest.

(10) Tenant means any natural person or entity who is a named party or signatory to a lease or rental agreement, and who occupies, resides in, or has a legal right to possess and use an individual rental unit.

Liability for causing a nuisance tends to only fall on the occupier of the land; therefore if the land or property is held under a lease the tenant, as the occupier, will be responsible.

Notice of entry laws are absent from North Carolina law, and as a result, the landlord is not required to provide notice of entry and therefore may enter the premises for the following reasons: Non-emergency maintenance and repairs.

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North Carolina Indemnification of Owner of Premises by Guest User of Premises for Special Event