What remedies can a tenant seek if a landlord fails to make repairs to the rental property?
In North Carolina, if a landlord fails to make repairs to a rental property, tenants have a few remedies available to them. First, the tenant can withhold rent until the repairs are made. The rent must be put into an escrow account, such as a bank account. This action is allowed only if a local safety code, state building code, or health ordinance has been violated and the violation affects the tenant’s health or safety. Second, the tenant can make the repairs and deduct the cost from rent. The repairs must be reasonable, the cost must be reasonable, and the tenant must notify the landlord of the repairs before making them. Third, the tenant can sue the landlord in civil court for damages. These damages could include the decrease in the value of the rental property, if the repairs were not made, or any other damages associated with the landlord’s failure to make the repairs. Finally, the tenant can file a complaint with the North Carolina Real Estate Commission. The Commission will investigate the complaint and may take action against the landlord if they find that the repairs were not made. These are the remedies available to tenants in North Carolina if a landlord fails to make repairs to the rental property. It is important to note that each remedy has its own specific set of requirements that must be met, and that the tenant should always contact an attorney for more comprehensive legal advice.
Related FAQs
Are there any laws governing the disclosure of a tenant’s personal information?What is the process for breaking a rental agreement?
What rights do tenants have in regards to making alterations to their rental units?
Are there any laws governing the use of tenants' security deposits?
What are the rules regarding eviction?
How can a landlord properly collect a security deposit?
How much rent can I charge for a given property?
What are the laws governing the sale of a rental property?
What are the rights of tenants when a landlord sells a rental property?
Are there any laws governing the use of tenant background checks?
Related Blog Posts
Understanding How Landlord and Tenant Law Works - July 31, 2023Tips for Landlords: Know Your Rights and Responsibilities Under Landlord and Tenant Law - August 7, 2023
The Key Components of a Landlord and Tenant Agreement - August 14, 2023
What is a Landlord’s Obligation to their Tenants? - August 21, 2023
The Basics of Evictions and How Landlord and Tenant Law Offers Protection - August 28, 2023