Driver’s Lisence Questions
Housing Questions
10 Tips for Tenants

ICE Raids & Deportations
Know Your Rights
Know Your Rights - Defend Your Rights

Driver’s Lisence
Q - 1. I want to know what specifically is needed to obtain a driver's license in North Carolina?
I have an ITIN number and a valid passport (but the visa is expired)
A – 1. On August 27th, Governor Easley signed the 2005 Technical Corrections Act which included major changes to the requirements for obtaining a drivers’ license. The new law, which took effect on Monday, August 28th, will require the following to apply for or renew a drivers’ license, state identification, or learner’s permit:
• The Individual Taxpayer Identification Number (ITIN) will no longer be accepted
• A Social Security Number (if applicable) must be presented for all applications
• Individuals who hold a valid visa may obtain a drivers’ license that will expire 30 days after their visa expires

Q - 2. I lost my North Carolina driver’s license, how can I get a duplicate?
A – 2. The law applies differently for duplicate of licenses, state identification, or learner’s permits:
• Applications for a duplicate do not require a Social Security Number IF the ITIN is already in the person’s record. If the person obtained their drivers’ license, state ID, or learner’s permit without an ITIN, they will have to present a Social Security Number to get a duplicate.
• A duplicate will remain valid only for as long as the original document was valid. Obtaining a duplicate does not change the expiration date on the original document.

Q – 3. My driver’s license will expire next month; what documents will I need to renew it?
A - 3. When a client goes to renew their documents, they will be required to present a Social Security Number or a valid visa.

Q - 4. I came to North Carolina with my husband; I do not have a Social Security but I have a valid passport and a valid visa. How can I get a drivers license?
A – 4. For people who are legally present but not eligible for Social Security Numbers, the new law says that the DMV "shall issue a drivers license of limited duration... to an applicant present in the United States under a valid visa issued to the applicant by the United States Department of Homeland Security if the applicant presents that valid visa.” If you are in this country legally but not eligible for a Social Security Number, you have the right to show DMV your valid visa instead (or other valid, current immigration documents).

 

HOUSING - RENTERS' RIGHTS –
SIGNING A LEASE OR RENTAL AGREEMENT FAQ

Q - 1. How can I get my security deposit back from my landlord?
• A – 1. Most states hold landlords to strict guidelines as to when and how to return security deposits. The general rule is that you are not responsible for normal wear and tear. If you cause damage by your unreasonable carelessness or deliberate misuse, however, you must pay for it. In North Carolina, landlords are required to return your security deposit, within 30 days after you move out or give you an itemized accounting of the deductions from your security deposit.

Q – 2. How much security deposit can a landlord charge? What can it be used for?
• A – 2. All states allow landlords to collect a security deposit when the tenant moves in. North Carolina allows one and one-half months' rent for month-to-month rental agreements; two months' rent if term is longer than two months. Many states require landlords to put deposits in a separate account, and some require landlords to pay tenants the interest on deposits.
Landlords use the deposit to cover unpaid rent and perform needed repairs or cleaning that result from more than normal use. But your security deposit should not go towards remedying ordinary wear and tear during your occupancy. For instance, a landlord cannot withhold your deposit to pay for house cleaning, carpet cleaning, or repainting unless these chores were necessary because of your unreasonable use of the rental. You can protect your security deposit by recording the condition of the premises when you move in, by using a move-in checklist and/or taking pictures.

Q – 3 What is the difference between a rental agreement and a lease?
• A – 3. A rental agreement provides for a tenancy of a short period (often 30 days) that is automatically renewed at the end of the period unless the tenant or landlord ends it by giving written notice. For these month-to-month rentals, the landlord can change the terms of the agreement with proper written notice.
A written lease, gives a renter the right to occupy a rental unit for a set term -- most often for six months or a year but sometimes longer -- as long as the tenant pays the rent and complies with other lease provisions. The landlord cannot raise the rent or change other terms of the tenancy during the lease, unless the tenant agrees.
Take Steps to Protect Your Security Deposit When You Move In
Ideally, you and your landlord should fill out the checklist together to prevent any disputes or disagreements. If you spot problems, describe specifically what is wrong. Rather than simply noting "damage to carpet," for example, state "cigarette burns, frayed edges in carpet next to picture window." The more detailed you are, the clearer it is that you're not responsible for those damages. You and your landlord should both sign the checklist after completing it. Make a copy so that each of you has one.
At the end of your tenancy, you'll make another inspection of the same items, noting their condition at move-out time. If items that were okay at move-in are now damaged, your landlord may hold you responsible for fixing them. But you'll be protected from being billed for damage that existed before you moved in

TEN TIPS FOR TENANTS - Know your rights when you rent a house or apartment.

1. Bring your paperwork.
The best way to win over a prospective landlord is to be prepared. Bring the following when you meet the landlord: a completed rental application; written references from landlords, employers, and colleagues; and a current copy of your credit report.

2. Review the lease.
Carefully review all of the conditions of the tenancy before you sign on the dotted line. Your lease or rental agreement may contain a provision that you find unacceptable -- for example, restrictions on guests, pets, design alterations, or running a home business.

3. Get everything in writing.
To avoid disputes or misunderstandings with your landlord, get everything in writing. Keep copies of any correspondence and follow up an oral agreement with a letter, setting out your understandings. For example, if you ask your landlord to make repairs, put your request in writing and keep a copy for yourself. If the landlord agrees orally, send a letter confirming this.

4. Protect your privacy rights.
Next to disputes over rent or security deposits, one of the most common and emotion-filled misunderstandings arises over the tension between a landlord's right to enter a rental unit and a tenant's right to be left alone. If you understand your privacy rights (for example, the amount of notice your landlord must provide before entering), it will be easier to protect them.

5. Demand repairs.
Know your rights to live in a habitable rental unit -- and don't give them up. Landlords are required to offer their tenants livable premises, including adequate weatherproofing; heat, water, and electricity; and clean, sanitary, and structurally safe premises.

6. Talk to your landlord.
Keep communication open with your landlord. If there's a problem -- for example, if the landlord is slow to make repairs -- talk it over to see if the issue can be resolved short of a nasty legal battle.

7. Purchase renters' insurance.
Your landlord's insurance policy will not cover your losses due to theft or damage. Renters' insurance also covers you if you're sued by someone who claims to have been injured in your rental due to your carelessness. Renters' insurance typically costs $350 a year for a $50,000 policy that covers loss due to theft or damage caused by other people or natural disasters; if you don't need that much coverage, there are cheaper policies.

8. Protect your security deposit.
To protect yourself and avoid any misunderstandings, make sure your lease or rental agreement is clear on the use and refund of security deposits, including allowable deductions. When you move in, do a walk-through with the landlord to record existing damage to the premises on a move-in statement or checklist.

9. Protect your safety.
Learn whether your building and neighborhood are safe, and what you can expect your landlord to do about it if they aren't. Get copies of any state or local laws that require safety devices such as deadbolts and window locks, check out the property's vulnerability to intrusion by a criminal, and learn whether criminal incidents have already occurred on the property or nearby. If a crime is highly likely, your landlord may be obligated to take some steps to protect you.

10. Deal with an eviction properly.
Know when to fight an eviction notice -- and when to move. If you feel the landlord is clearly in the wrong (for example, you haven't received proper notice, the premises are uninhabitable), you may want to fight the eviction. But unless you have the law and provable facts on your side, fighting an eviction notice can be short-sighted. If you lose an eviction lawsuit, you may end up hundreds (even thousands) of dollars in debt, which will damage your credit rating and your ability to easily rent from future landlords.