Real Estate News
By Marian Goetzinger, Pine Knoll Shores Realty
Tenants’ rights in North Carolina
Tenants’ rights are almost sacred, not just in North Carolina, but all over
the country. Realtors and real estate agents learn quickly that no kind of
discrimination is allowed in the practice of leasing or renting property. As a
realtor, I am amazed at how often For Rent ads are in violation of federal non
discrimination laws. “No small children allowed” violates federal law, just to name
one of the ads I’ve seen recently.
Landlords and property owners, as well as their agents, have responsibilities
and obligations to safeguard the funds and the safety of their tenants. However,
renters have responsibilities, too, and are sometimes misinformed about just
what their obligations are. Renters may have mistakenly assumed that the total
maintenance of the property that they rent is the responsibility of the landlord.
Rental agreements can vary, and like any real estate agreement, should always
be in writing and signed and dated by both parties. There are common items
that are usually the responsibility of the tenant, but they are certainly subject to
negotiation. Just be sure to put it in writing. Unless specified, certain things are the
responsibility of the tenant.
Tenants are responsible for day-to-day upkeep. Changing light bulbs that burn
out, replacing batteries in smoke detectors and carbon monoxide detectors and
changing the HVAC air filter are typically the tenant’s obligation. Clogged drains,
disposals and toilets are generally the responsibility of the tenant. Like shopping
in antique shops, “if you break it, you buy it” applies. If the toilet, disposal or other
appliance or fixture malfunctions or simply wears out. then the landlord must fix
it, but if you pour grease or lose a spoon in the disposal or stand on the toilet seat
and break it, be prepared to pay to have it fixed.
Routine lawn care is a tenant responsibility unless there is an agreement to the
contrary. Many homeowners associations take care of the lawn, but typically if
you are renting a single-family home, you are responsible for routine landscaping
such as mowing the grass, trimming and pulling weeds. It is important for you to
understand your rights and responsibilities. If your landlord says he will take .care
of the yard, get it in writing with clear specifics.
Appliances broken because of misuse are the responsibility of the tenant.
Normal wear and tear are usually covered by the landlord. But, like the clogged
drain, if user error or negligence contributes to the failure, it will be your
responsibility. For example, traffic patterns in carpet are normal wear and tear.
Spilling a can of paint on the carpet is misuse. Common sense should dictate.
If appliances are used for work they were never designed for and they break or
malfunction as a result, it is on the tenant. If the inquisitive child or grandchild
decides the refrigerator would make a great painting surface, that’s on the tenant
as well.
Tenants naturally want to make their rental houses home. Hanging pictures or
shelves on the walls is normal. However, when it is time to move out, you may be
responsible for patching holes and/or painting the walls to restore the house to the
way it was when you moved in. Before you install heavy duty brackets to mount
your surfboard on the living room wall, just understand that when you move that
will be your responsibility to restore.
Tenants may not remodel without the written consent of the owner. For
example, if your teen wants polka dot walls and you are OK with that, be prepared
to repaint that room as it was before you move out. I recommend that anything
out of the ordinary be discussed with the manager or owner before you make that
drastic change.
Remember that unless you have a written agreement with the landlord that
allows otherwise, the landlord or manager has the legal right to withhold the funds
from your security deposit necessary to repair any damages.
PIKSCO Happenings
By Gary Corsmeier
As mentioned in last month’s Shoreline article, our three parks took a beating
from Hurricane Florence. Garner Park had significant tree damage, and McNeill
Park fared a little better for tree debris. As of this writing, we have spent over
$7,000 on cleanup alone. Fortunately, the PIKSCO board, with the assistance of
neighbors, volunteered to handle some of the cleanup work and miscellaneous
repairs. We thank every one of them.
At our last board meeting, we listed all the storm-related items that need to be
addressed—15 in all. We are prioritizing as far as assigning costs, but as with the
old saying “I have good news and bad news,” the same can be said regarding our
parks.
The good news is the dock at Garner Park is still there and, although the
floating EZ-Dock was detached and floating upside down, it was not lost because
it was secured immediately by EZ-Dock personnel. The seawalls at McNeill Park
took a hit, and the wooden dock is gone. We had started the planning process in
early spring to redo the dock and ramp area, but decided to hold off until after
hurricane season, which was a good idea. The seawalls are intact and only need to
be reinforced in a few areas and back-filled. At Hammer Park we lost part of the
decking from the handicap ramp to the beach and the gate operator. A new gate
operator has been ordered and is scheduled to be replaced at the end of December.
Like all vendors, marine construction contractors are extremely busy now and
are working on high priority items—but with winter approaching, our parks will
not get a lot of use so we will be able to hire the right contractors and complete the
work in the off season.
We are always looking for residents who would like to serve and are willing
to volunteer a few hours of their time and expertise. We need your help to keep
PIKSCO parks looking good and to suggest changes that we can make to improve
our life here in paradise.
As we close out 2018, the entire PIKSCO board wishes you a very Merry
Christmas and Happy New Year. Come spring of 2019, you won’t even know we
had a hurricane.
PIKSCO contact. For questions, concerns, to express a willingness to volunteer
or to provide feedback, contact Erica Reed by call or text at 252-247-4818, email at
piksco@gmail.com, through our website at piksco.com or by mail at P.O. Box 366,
Atlantic Beach NC 28512.
This Month’s Puzzle Solutions
G
A
T
A
S
T
R
I
A
A
G
A
R
A
L
u
M
T
R
U
L
Y
T
R
U
E
N
0
T
I
C
E
A
B
L
E
H
A
T
S
G
N
U
A
R
I
S
E
B
E
S
0
T
S
E
s
S
I
0
N
G
0
0
N
S
■■
u
R
U
s
I
G
N
A
L
E
D
C
0
z
E
N
E
M
B
E
D
A
G
E
A
B
E
T
s
P
I
L
E
G
N
A
W
T
0
P
D
E
I
T
Y
B
I
D
D
Y
S
E
P
A
R
A
T
E
A
R
R
E
R
A
T
0
E
P
I
T
A
P
H
M
U
L
C
T
M
A
N
I
A
B
0
0
A
S
I
A
W
I
L
D
E
R
N
E
S
S
M
E
N
D
A
Z
T
E
C
A
L
E
E
A
R
S
E
G
E
0
D
E
B
E
D
S
8
9
4
1
7
5
6
3
2
5
1
3
2
9
6
8
4
7
6
7
2
3
4
8
1
5
9
9
5
7
4
6
3
2
8
1
4
2
8
9
5
1
3
7
6
3
6
1
8
2
7
5
9
4
2
8
6
7
3
4
9
1
5
1
4
9
5
8
2
7
6
3
7
3
5
6
1
9
4
2
8
December 2018 I The Shoreline