North Carolina Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent

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Multi-State
Control #:
US-OL21013
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Description

This office lease form contains a contractual right in the transfer clause for the landlord to withhold its consent for specific situations not usually prohibited under the reasonableness standard. The tenant shall neither assign the lease nor sublet all or a portion of the demised premises without the landlord's prior written consent. This form outlines the specific situation where the landlord may withhold such consent.

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FAQ

In North Carolina, there is no specific law on landlords' right to access the property. It means that landlords may enter the property without prior notice if they have justifiable reasons to do so. In emergency situations, landlords may enter without tenants' permission.

§ 42-14. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days.

The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.

North Carolina law, however, doesn't have a legal provision regarding landlord's right to entry. That being said, please note that repeated entries can constitute tenant harassment. As such, always provide your tenant some form of notice before entry. Usually, 24 hours is considered a reasonable amount of notice.

?...a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord's retaliation against the ...

North Carolina law specifically states that ?[t]he tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.? What this means is that, unless you have a written agreement with your landlord or an order from the Court stating that you may withhold a certain dollar amount from your ...

Whenever either Party requests any consent, permission, or approval which may be required or desired by that Party pursuant to the provisions of this Agreement, the other Party shall not unreasonably withhold or postpone the grant of such consent, permission, or approval.

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North Carolina Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent