With it being summer time, many people are planning to go on vacation to the beach, mountains, or lake. When you rent a vacation rental property in North Carolina, you need to be aware of the North Carolina Vacation Rental Act. This Act applies to residential property rented for vacation, leisure, or recreational purposes for fewer than 90 days. Renters must have a permanent residence elsewhere to which they intend to return.
If you own a vacation rental property, to be covered by the North Carolina Vacation Rental Act, you must get an agreement in writing with any tenant. The agreement must clearly state that the rental is covered by the Vacation Rental Act, and that you may evict the tenant using an expedited procedure. The agreement is only enforceable after the tenant signs it, pays money to you or a management company on your behalf, or takes possession of the property. If you purchase a vacation rental home, be sure to check with the seller in regards to any existing vacation rental agreements. As an owner, you must honor any vacation rental agreements that end within 180 days from when you record your interest in the vacation property with the register of deeds. The seller must inform the purchaser of any rental agreements affecting the vacation property, and provide the purchaser with a copy of any agreements within 10 days of the transfer of the vacation property. As the new owner, you must provide notice to any tenant within 20 days of purchasing the property. As a vacation rental property owner, you have a duty to maintain the property in a fit and habitable condition. This means that you must comply with all building and housing codes, make any and all necessary repairs, keep the property in safe condition, and provide smoke and carbon monoxide detectors. If the owner fails to maintain the vacation property in a fit and habitable condition, the owner must either provide the tenant with a reasonably comparable property, or refund all payments made by the tenant. A vacation rental property owner may also require a tenant to pay a security deposit. The security deposit may be charged to cover such things as non-payment of rent, damage to the premises, the cost of re-renting the vacation property if the tenant breaches the rental agreement, the costs of unpaid additional utility charges (ex. pay-per-view movie rental expenses or long-distance telephone expenses), and court costs for terminating a tenancy. The security deposit must be held in a North Carolina trust account throughout the tenancy, and must either be applied as permitted, or refunded to the tenant within 45 days of termination of the tenancy. As any vacation rental property owner has likely experienced, the vacation property will likely sustain damages at some point by a renter. Vacation rental tenants are responsible for any and all damages, defacement, and/or removal of property inside the vacation property during their stay. These expenses may be covered by any potential security deposit, or the owner may have to pursue a legal action in court to recover damages. The renter is not responsible for damage due to ordinary wear and tear, or acts of nature (ex. hurricane or flooding damage to a beach house). If a renter violates the terms of a rental agreement while occupying the vacation property, the owner may chose to have the renter evicted. The North Carolina Vacation Rental Act allows an owner to evict a tenant in an expedited process. To qualify for an expedited eviction, the renter must have either overstayed their lease, materially breached a vacation rental agreement that by its terms allows for an eviction, failed to pay rent as required, or obtained the property by fraud or misrepresentation (ex. minor children getting their parents to rent a beach house for Spring Break). To initiate the expedited eviction process, the owner must provide the renter with four hours notice (either written or oral notice will suffice). The owner must then file a complaint with the clerk in the county where the property is located, and have a summons issued by the clerk. A law enforcement officer must serve the summons and complaint on the renter, and the eviction hearing will be held not sooner than 12 hours from issuance of the summons, and not longer than 48 hours from issuance of the summons. If the owner is successful at the hearing, a magistrate will issue an order evicting the renter from the property. The renter will then have 8 hours to vacate the property. If the renter chooses to appeal the eviction order, they must provide a bond in an amount that covers any rent due to the owner, and any damages the owner may sustain as a result of having to cancel other potential rental agreements. If you are interested in renting your vacation home, it is recommended that you use a vacation rental agreement that complies with the North Carolina Vacation Rental Act. The North Carolina Association of Realtors has developed a form contract (No. 411-T) that meets the requirements of the Act. You may also use your own rental agreement, although you may want to consult with an attorney to review the agreement in detail to ensure that it complies with the vacation rental act. If you wish to discuss owning or renting vacation rental properties in North Carolina, contact Adkins Law to arrange a consultation.
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How do I change my name after getting married in North Carolina? Step 1. You’ll need a certified copy of your marriage license in order to change your name on your driver’s license and your Social Security card. Wait at least a few days after the ceremony is performed to allow sufficient time for your license to be returned to the Register of Deeds. Step 2. Request your certified copy of your marriage certificate online, by mail, or in person at the Register of Deeds in your county. For Mecklenburg County’s online application go to https://meckrod.permitium.com/mc/application. Step 3. In your request, include the name of each partner, date of the marriage, the address where copies should be mailed and include a copy of your government issued ID. Certified copies of your marriage license are $10 each. Check or cash will be accepted. Step 4. Present the certified copy of your marriage license along with other required documentation to the Social Security Administration. After applying for a new Social Security card, you should wait at least 24 hours before going to the Department of Motor Vehicles to update your driver's license. The Social Security Administration Charlotte Office is located at 2201 Coronation Blvd Suite 100 Charlotte, NC 28227. Their phone number is 1-800-772-1213. Adkins Law has offices in Huntersville and Ballantyne. To arrange a consultation with a family law attorney, contact Adkins Law. BE PROACTIVE If you are considering a divorce you will want to be proactive and make sure you are taking the right steps to ensure a positive outcome. Contacting an attorney is a good first step. Your attorney may recommend that you seek marriage counseling even if you don’t think your marriage can be saved. A divorce is a major life event and a counselor can help you navigate the emotional ups and downs you will likely experience. Your attorney will discuss the laws specific to your state and the steps that you should take to ensure the most favorable outcome to your divorce proceeding. STAY IN YOUR HOME Until you speak with an attorney, you should not move out of your home unless it is an abusive situation. In situations of abuse, you should always put the safety of you and your children first. Leaving your home without reason, could be considered abandonment and could jeopardize spousal claims for support. In NC, abandonment means that a spouse has moved out with the intent to cease co-habitation. Abandonment can also impact the custodial rights of the abandoning spouse. By leaving the children with your ex, you are essentially saying that they are capable and fit to raise the children. In addition, if you leave, you may be unable to return to the house until the property has been divided which could take a year or even more in some cases. SAFEGUARD YOUR ASSETS An attorney can guide you on how to best protect your assets. You will want to take possession of certain types of assets like cash, collectibles, jewelry, etc. that your spouse might try to liquidate. Your attorney might also suggest closing joint bank accounts and credit cards. NC DIVORCE LAW Some states are “Fault” states meaning that the judge will consider the actions of the “guilty” spouse to determine if there are grounds for divorce. In “No Fault” divorce states the judge does not consider the actions of the spouses. All that is required is that one party wishes to end the marriage. NC is a hybrid state – judges can consider marital misconduct or “incurable insanity” but can also dissolve a marriage if one spouse has determined the marriage can’t be saved. WHAT TO EXPECT A No-Fault divorce in NC requires two things. First, you must live separate and apart from your spouse for one full uninterrupted year. Second, at least one of you must have lived in NC for the six month period prior to filing the divorce papers. Adkins Law has offices in Huntersville and Ballantyne. If you need to schedule an appointment to meet with a divorce attorney, contact Adkins Law. The North Carolina Court of Appeals addressed the issue of retroactive child support in the case of Loosvelt v. Brown, on July 15, 2014. Mr. Loosvelt, brought a lawsuit against Ms. Brown for child custody and to establish child support obligation. Ms. Brown then brought counterclaims including one for retroactive child support. The trial court awarded over $7,000 per month in child support along with around $40,000 in retroactive child support including in excess of $5,000 in pre-birth nursery expenses and maternity clothes. The Court of Appeals addressed the issue retroactive child support and clarified the law on the expenses that can be recovered before a child’s birth. The court held that "as the legal obligation arises when the child is born, expenses incurred prior to the child's birth cannot be considered as retroactive child support. The only exception to this is in the North Carolina General Statute §49-15 which allows for "medical expenses incident to the pregnancy and birth of the child." Furthermore, a parent may seek retroactive child support for child support prior to filing the complaint. The Statute of Limitations does limit (NCGS § 1-52(2)) limits a parent to know no more than three years of retroactive support. The parent seeking retroactive child support must present evidence of past expenditures made on behalf of the child that were reasonably necessary. If you are filing an action for child support, be sure to talk with an attorney about making a claim of retroactive child support. Adkins Law has locations in Huntersville and Ballantyne. Contact Adkins Law to arrange a consultation to discuss your family law, traffic, or estate planning legal needs. Adkins Law has locations in Huntersville and Ballantyne. Contact Adkins Law to arrange a consultation. Step 1. Petition the court for Adoption. The petition must be signed by the adoptive parent(s), and may be filed in the county where the adoptee has lived for at least six consecutive months or from birth, where the child placing agency is located or where the petitioner has lived or been domiciled for at least the six consecutive months immediately preceding the filing of the petition. The following documents must be filed with the petition:
Once a petition is filed with all of the proper documents, the Clerk of Court will order the agency to make a report on the proposed adoption, if required for that type of adoption. Step 2. File the Report on Proposed Action with the court of adoptions by the Department of Social Services or whoever the child’s placing agency is, which are ordered to investigate and supervise the adoptive placement. The report will include the following: history and family background of the child, the birth parents, the adoptive parents, assessment of the adjustment of the child and the family, and a recommendation as to whether the adoption should be finalized. Step 3. File an itemized list of any out-of-pocket costs, such as filing fees or court costs, which must be done before the adoption can be finalized. Step 4. The adoption is accepted and finalized by the court. The Decree of Adoption handed down, which makes the child legally part of your family now. Step 5. Send the adoption documents to the NC Division of Social services where they are indexed for permanent retention then the child will be issued a new birth certificate. The new birth certificate will show the adoptive parents as the child’s parents and reflects the child’s new name, if changed. NOTE: that all laws relating to adoption are found in Chapter 48 of the North Carolina General Statutes. For more information please visit https://www.ncdhhs.gov/dss/adopt/ Adkins Law has locations in Huntersville and Ballantyne. To arrange a consultation, contact Adkins Law. Step 1. Contact your county’s Department of Social Services who provides and arranges for adoptions services at no cost for children in the foster care system. Step 2. Department of Social Services will ask about your family background and composition. You will also be asked for a description of the child you seek to adopt. You must complete an application for adoption to begin the process. Step 3. You must complete the Pre-Placement Assessment. The assessment requires you to participate in a series of meetings with the social worker who will help you understand both the adoption process and your responsibilities as an adoptive parent. You may be required special classes known as Model Approach to Partnerships in Parenting-Group Preparation and Selection to prepare you to become an adoptive parent of a child from foster care. These parenting classes will provide you with important information about the skills needed to parent a child who has experienced loss and trauma. They will also help you determine your ability to provide a home for such a child. Step 4. Once your Pre-Placement Assessment is completed, your social worker will work with you to locate a child or sibling group whose needs can be met in your family. This may take some time so it is important to be patient during this time. Step 5. Once the child has been identified, a visitation plan is established so the child and your family can get to know each other before a placement is made. Step 6. You bring the child home. All children, even infants, will have a period of adjustment following placement which requires must patience, tolerance, and love during that time. Step 7. The supervisory period in North Carolina generally requires the child be in your home for six months before the adoption process can be complete. The social worker will visit your home to provide support and assistance during this period of time. Step 8. Legalize your adoption in court. It is highly recommended that an attorney be retained for filing the legal documents. However, adoptive parents can chose to file their own legal documents. If you chose to hire an attorney the legal fees are arranged between the adoptive parents and the attorney. The laws relating to adopting in North Carolina can be found in Chapter 48 of the North Carolina General Statutes. *For more information visit https://www.ncdhhs.gov/dss/adopt/ Adkins Law has offices in Huntersville and Ballantyne. Contact Adkins Law to arrange a consultation. |
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