must I do the repairs?

[what'snext]

What is the name of your state (only U.S. law)? NC (tenant friendly state)

I have a slow pay tenant who is currently delinqunet in rent. She called 3 days ago from an unkn # to say roof was leaking. Being that she is always late, she refuses to give me a good number. Since I am out of town, I didn't address it. I received a call from the city inspector today. (tenant called them). Inspector sent pics via e-mail. The ceiling has COLLAPSED!! THe rafters are showing, the insulation is hanging down and there appears to be insulation on the floor. Not to mention, the house is in deplorable condition- bad housekeeping etc. THis problem has been ongoing for more than 3 days. The lease is due to end 8/31/08 and I do not intend to renew. I called tenant and she called back (amazing). She is adamant the leak began 3 days ago. I want her out and refuse to do any repairs until she leaves. I told her that I would not accept any rent from her and that she should leave since the house is no longer "inhabitable", unsafe for her minor kids etc. SHe tells me that she has 30 days by law before I can evict her. The inspector said he told the boyfriend that they needed to employ better housekeeping, mow yard etc. The boyfriend told the inspector to just leave.

Am I obligated to do the repairs before I evict her? Can I send her a letter telling her that she has to vacate house in order to do the repairs mentioning the house is a hazard? Since the condition is open and obvious, can I be sued for any injuries now that I am on notice? What recourse to I have to recoup monies owed since NC doesn't allow garnishment of wages?

Thanks- great website

[ecmst12]

Sorry to say but you might have to pay their hotel bill if the house is not inhabitable during the term of their lease. You should have started eviction proceedings as soon as they were late before they called the housing department - they now may have invoked protection against retaliation for them calling the authorities.

[nusias9]

The rent is the last thing you need to worry about at this point. If she has brought zoning/building department into the matter, you need to start contacting contractors.
Get estimates and have a completion date ready to provide the inspector.
If you do not complete the work the city WILL place finds against you. And no you can't charge the tenant for those fines!

You're not able to evict her! You have to follow procedure for eviction.

You cannot refuse to accept her rent! Goodness now she has the money to pay and you don't want it!

If you tell her to leave the property because it is unsafe... You will more then likely foot that bill because you refuse to address it when given notice.

I absolutely think you can be sued if sheet rock falls and injures your tenant. You not only told your tenant you would not make repairs... you posted that fact on a public forum..

Hummm... it's possible that the leak started 3days ago.. Water logged sheet rock will fall from a ceiling. She gave you notice and you ignored it!