What is the tenant's right to Repairs and Maintenance in a real estate dispute?
In North Carolina, a tenant’s right to repairs and maintenance during a real estate dispute can be found in the North Carolina Landlord and Tenant Act. According to the law, when a tenant enters into an agreement for the use of a rental property, the landlord and tenant both enter into an implied and/or express implied warranty of habitability. This implies that the landlord agrees to maintain the rental property in a safe, livable, and sanitary condition. In addition, the law outlines that the landlord must make necessary repairs to the rental property, such as plumbing, wiring, etc., in a reasonable period of time after being notified by the tenant. The landlord is also obligated to provide operable heating and plumbing systems that meets the requirements of applicable laws, repair damage that materially affects the health and safety, and take care of any other material issue of the rental agreement. If the landlord fails to make necessary repairs to the rental property or respond to tenant’s requests in a reasonable amount of time, the tenant may be entitled to certain remedies. The tenant may be entitled to hire someone to make the repairs and deduct the cost of the repair from the rent, rescind the rental agreement, and/or seek damages for breach of contract. However, if the tenant is responsible for the damage or needed repairs, then the tenant is responsible for making the needed repairs and/or paying for damages caused. If the tenant fails to do so, the landlord may be able to seek remedies, such as rent forfeiture or legal action.
Related FAQs
What is the tenant's right to Quiet Enjoyment in a real estate dispute?What is the role of a real estate developer in a real estate dispute?
What types of cases are typically handled by real estate litigation lawyers?
What is the tenant's right to Habitability in a real estate dispute?
What are the filing deadlines for a real estate dispute?
What is the difference between a lien and a lien foreclosure?
What are the legal requirements for a real estate dispute settlement agreement?
What are the common defenses to a foreclosure action?
What is a claim for specific performance in a real estate dispute?
What is the difference between a real estate lease and a rental agreement?
Related Blog Posts
Understanding Real Estate Litigation: The Basics - July 31, 2023Knowing When to Seek Legal Advice for Real Estate Litigation - August 7, 2023
Tips for Preparing for Real Estate Litigation - August 14, 2023
Common Mistakes to Avoid During Real Estate Litigation - August 21, 2023
Navigating the Process of Resolving Real Estate Litigation - August 28, 2023