Are tenants legally allowed to withhold rent if the landlord fails to make repairs?

In North Carolina, tenants are legally allowed to withhold rent if the landlord fails to keep up with repairs that are essential to a habitable living space. These repairs can range from a broken air conditioner to a leaking roof. Under North Carolina law, tenants must notify the landlord of the repairs and give them an opportunity to make repairs. If the landlord does not make the repairs within a reasonable amount of time, then tenants have the right to withhold rent. Tenants can then use the withheld rent to hire a contractor to fix the repair. However, tenants must keep record of all expenses and payments made to the contractor. If tenants withhold rent, the landlord is allowed to take legal action. In order for the landlord to take legal action, they must prove that the tenant failed to properly notify them of the required repairs and also failed to provide a reasonable amount of time to fix the repairs. Tenants are not allowed to withhold more rent than necessary to cover the cost of the repairs. Tenants must also prove that they saved up the withheld rent in a separate account. Otherwise, the landlord can try to collect late fees from the tenant. It is important for tenants in North Carolina to understand the laws regarding landlord and tenant and to know their rights to withhold rent in the event of a dispute. As long as tenants properly follow the steps and document all of the required information, they are legally allowed to withhold rent if the landlord fails to make repairs.

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