Witholding Rent

[degunn]

Are there any legal circumstances under North Carolina
law in which a tenant can withhold rental payments?

Tenant has not paid rent since 1/1/01. On 1/18/01, sent
registered letter to tenant with notice that she has
30 days to vacate apartment.

Tenant responded 1/29/01 claiming that heat pump is not working properly and she has been "advised to withhold rent payment until the heat is fixed and working properly." We requested tenant to contact heating contractor for repairs and were subsequently told by tenant heat was working
"okay".

Tenant is month-to-month with original lease expiring
in 1995.

Any problems with proceeding on eviction through courts?

 

[djdj]

well yes and no.......as long as she paid you januarys rent, then you must issue her another 30 day notice today when she pays Feb rent, to be out by feb 28th, if she is not out by then you will have to start the evcition process with the court.

If she still hasnt paid januarys rent, start the process tomorrow.

It is your job as a landlord to know about the law and what is available to you, to rid yourself of a bad tenant..

BUT most IMPORTANTLY you must learn how not to be a bad landlord and do crazy stuff like lock people out, throw their stuff out in the street..that could get YOU ARRESTED!