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Practice Of Real EstateProperty_managementEASY

A North Carolina broker is advising on a rental management company has actual or apparent authority to perform landlord duties for a residential owner. What is the best answer?

Correct Answer

D) The rental management company can be treated as a landlord for duties imposed by Article 5

G.S. 42-40 defines landlord to include an owner and any rental management company, rental agency, or other person with actual or apparent authority to perform Article 5 duties. Source basis: North Carolina General Statutes Chapter 42 Article 5, Residential Rental Agreements, checked 2026-04-30: Article 5 applies to dwelling units, defines landlord to include rental management companies/agents, imposes fit-premises duties, tenant duties, smoke/CO alarm rules, victim lock-change rights, and prohibits unilateral rent withholding before judicial determination.

Answer Options
A
Only the deeded owner can ever be a landlord under Article 5
B
A property manager is a landlord only after personally signing the deed
C
The tenant must sue only the tenant screening company because screening creates landlord status
D
The rental management company can be treated as a landlord for duties imposed by Article 5

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Related Topics & Key Terms

Related Topics:

landlord tenantproperty managementsecurity depositssummary ejectmentresidential rental agreements

Key Terms:

north carolinalandlord tenantproperty_managementproperty managementncrec

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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