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Holiday Celebrations and Rental Damage: Eviction Rights for North Carolina Landlords

Holiday Celebrations and Rental Damage: Eviction Rights for North Carolina Landlords

While many renters enjoy the moment without trouble, not all New Year’s parties end well for landlords. With music blaring out of cranked speakers, a boatload of guests, a few dropped bottles, boozed up stumbles later, a year end party can quickly turn into next year's first headache.

If the holidays left your rental worse for wear, then understanding where you stand under North Carolina's eviction laws and knowing what steps you should take, can make or break your case.

Common Holiday Parties Rental Issues

The holidays are a time for celebration and merry-making, so it's no surprise that even the best tenants, sometimes, get carried away. Some of the most common complaints that Landlords have after the New Year include:

  • Property damage caused by fireworks and alcohol fueled mishaps
  • Noise violations and/or noise complaints from the neighbors
  • Smoking or alcohol use in restricted units
  • Lease violations like having more guests than what was agreed on the lease.


Welcoming the new year with a party is a tradition and we all have the right to do so, but going overboard can lead to lease violations, and that justifies an eviction under North Carolina Law.


Can a Landlord Evict a Tenant for Damages caused by Holiday Season Mishaps?

According to North Carolina Gen. Stat. § 42-26, a landlord may file for eviction, or legally known as a summary ejectment, if a tenant:

  • Willfully or negligently causes damage to the property
  • Invites a number of guests that exceed the allowed limit
  • Engages in unlawful act inside the property
  • Plays music at an excessive volume (though not common, there are leases that include a clause that limits noise)
  • Fails to maintain the property in an overall good condition


What Should Landlords Do After Holiday Party Damages?

If your rental property got damaged or your tenant made multiple lease violations during the holidays, you can take these steps:

  1. Take clear timestamped pictures and videos of any damages you find
  2. Get a professional to make cost estimates for all the repairs
  3. Notify the tenant in writing, about any issues, lease violations, damages, and repair costs.
  4. Consult an Attorney.

Can a Landlord Use the Security Deposit for Damage Costs?

North Carolina Gen. Stat. § 42-51 states that money held as a security deposit may be applied by landlords toward certain costs like:

  • Repairs beyond regular wear and tear
  • Unpaid rent or late fees
  • Cleaning or removal of abandoned property

If a Landlord uses the security deposit, the tenant needs to be sent a detailed breakdown that lists all the deductions made to the deposit within 30 days of the lease being terminated. Failure to do so can result in negative consequences down the road.


How Can You Stop Holiday Headaches Before They Start?

Make sure your lease has a clause with regulations for parties and the number of guests allowed in the property.

  • Schedule inspections before and after the holiday season.
  • You can also encourage tenants to carry renter's liability insurance for added protection.
  • Team up with an Attorney who is well versed in Landlord-tenant issues.

If you’re a landlord or property manager that needs help with an eviction, you can call us at +1 980-263-9926, send an email to george@gibbsglaw.com, message us on Facebook, or reach out through our Website.







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