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North Carolina Rental

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Mkb1990

New member
My girlfriend and I have been renting a property in North Carolina for nearly two years now. From the start, there were major problems with the property. No insulation, mold, rats, and a plethora of other issues. We have contacted our rental agency about all of the issues multiple times, but few have been rectified. And, it's only gotten worse since Hurricane Florence. It's been over a month and they still have not done any work on the property. Our lease is up in March, however, at this point we're just trying to find the quickest way out. Any help would be much appreciated.
 


Gail in Georgia

Senior Member
When you say you've contracted your rental agency "multiple times" has this been in writing (not text, not phone calls, not emails) with you keeping documentation of such notification?

Have you considered contacting local Code Enforcement regarding the issues you now feel make the rental unit either unsafe or unhealthy to reside in?

Gail
 

Mkb1990

New member
It has only been via phone and face-to-face notification. Unfortunately, we do not have written notifications. However, we do have pictures that have exact dates and times.
 

Mkb1990

New member
1 - Why did you rent this dump in the first place?
2 - Why didn't you get out last March after a year of misery?
3 - Check out the NC landlord tenant statutes. See if there is any help in there about landlord's obligations.

https://www2.ncleg.net/Laws/GeneralStatuteSections/Chapter42
1) It's cheap, and we needed a place to stay.
2) It's cheap, and we had no other options.
3) NC landlord/tenant laws are very clear on what is considered habitable housing. What it's not very clear on are the conditions that allow you to release the contract.
 

Zigner

Senior Member, Non-Attorney
1) It's cheap, and we needed a place to stay.
2) It's cheap, and we had no other options.
3) NC landlord/tenant laws are very clear on what is considered habitable housing. What it's not very clear on are the conditions that allow you to release the contract.
It is - if the house is not habitable, then the LL has breached the contract. The problem you have is proving that it is not habitable, which is why you need to contact the folks at the local municipality's code compliance department.
 

FarmerJ

Senior Member
Lack of insulation is a code related concern that may be addressable through your city building inspections department , I say may be addressable because if your states laws or city ordinances have required insulation to be added to older homes then that is the way to get it addressed. AS to any other non cosmetic repairs such as mechanical or structural repairs again your city building inspections department can order the LL to make corrections and if the LL doesn't they can fine the LL or actually condemn it , with condemnation you will have to move but do take exit pictures to show its condition for your records as well as getting a copy of any inspections orders or condemnation orders for your records too.
 

LdiJ

Senior Member
1) It's cheap, and we needed a place to stay.
2) It's cheap, and we had no other options.
3) NC landlord/tenant laws are very clear on what is considered habitable housing. What it's not very clear on are the conditions that allow you to release the contract.
The only thing that will for sure get you out of the lease (or get the items repaired) would be to get code enforcement involved and have them condemn the place as uninhabitable. That way you would no longer be allowed to live there unless the issues are repaired so the landlord could not hold you to the lease.
 

reenzz

Member
You (at your own expense) need to have the mold professionally tested. If toxic mold is found, come back and let us know the results.
 

LdiJ

Senior Member
You (at your own expense) need to have the mold professionally tested. If toxic mold is found, come back and let us know the results.
Not at all necessarily. It appears that there are other issues in addition to potential toxic mold.
 

FarmerJ

Senior Member
Mold can be caused from things other than tenant damage such as roof leaks, basement wall leaks , plumbing leaks visible and hidden such as in the wall leaks. Mold can also be caused by combinations of because of poor ventilation EG that closet that's at the opposite end of a home from furnace and closet door is shut and closet is on a outside wall and ice cold in winter and what moist inside air does come in contact with the walls then it make it easy to mildew -mold, corners of a basement that get no air circulation. Also one thing no one seems to really address is where a older home that has been re insulated and also has new windows installed now is a lot tighter and also saving money on heat and a/c bills may also not be able to breathe and way too much moist air is trapped in a home making it all the easier for mold to form. ( which a second reason why so many newer homes have air exchanging systems beside bringing fresh air in when a home has gas /oil heating systems -burning appliances.
 

Gail in Georgia

Senior Member
For many, the mold "ship" sailed long ago. It's often not unusual that those who complain about repair issues not being addressed are renting incredibly cheap units in the first place. Now...this doesn't mean that they are expected to live in what they now claim are "uninhabitable" rental places but such claims by tenants mean, well, absolutely nothing legally.

Thus, the suggestion to get Code Enforcement involved in all this.

Gail
 

HRZ

Senior Member
Get Code Endorcement involved ASAP ...what you think is a serious habitability issue might not be the ones the local code officer thInks are important ...and be super nice in asking for code review ...a code officer who is emphathetic to your problems can probably find a massive list of habitability issues that require immediate abatement by LL ...use all the polite sugar you can . GIve him or her your suggested list of code issues but step back and pray he or she does a good job. I suggest in person visit to Codes office . ...and BTW while at City Hall , seek to read the building file on your building if such a file is maintained...might prove
"Interesting."
 

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