A Notice form provides legal notification to a party of an important aspect of a legal matter. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. This model form, a Notice of Unhealthy or Unsafe Living Conditions Landlord to Tenant, provides notice of the stated matter. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. Available for download now.
North Carolina Notice of Unhealthy or Unsafe Living Conditions Landlord to Tenant
Category:
State:
Multi-State
Control #:
US-NOTICE-1980
Format:
Word;
Rich Text
Instant download
Description
How to fill out Notice Of Unhealthy Or Unsafe Living Conditions Landlord To Tenant?
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FAQ
In California a landlord is required to provide a safe living environment for the tenants and the law has been established under the California Civil Code. The failure of a landlord to provide such conditions can lead to violation of the law and impose civil and, at times, even criminal liability upon the landlord.
Unfortunately, tenants cannot withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs.
If you live in public or subsidized housing, modifications are to be made without charge to you. For more information on your rights or to file a complaint about the landlord's actions, you may contact the North Carolina Human Relations Commission or the Fair Housing Project of Legal Aid of North Carolina .
If a tenant is not able to prepare food in their home, it means it's uninhabitable. Broken plumbing or lack of running water would also make a rental unit uninhabitable. Another example would be failure to provide proper heating and air conditioning during extreme weather.
If you live in public or subsidized housing, modifications are to be made without charge to you. For more information on your rights or to file a complaint about the landlord's actions, you may contact the North Carolina Human Relations Commission or the Fair Housing Project of Legal Aid of North Carolina .
The tenant can't be behind on rent at the time notice is given. The problem must either a) materially affect the physical health or safety of an ordinary tenant or b) arise from the landlord's failure to supply hot water at a minimum temperature of 120°F.
Habitability is defined by the local building code, along with North Carolina's rental law. Local codes often prohibit peeling paint, pest infestations, sewer malfunctions and fire hazards, though some of these prohibitions apply only to multi-family rental units.
Unfortunately, while they may not be technically accountable for the actions of their tenants, landlords may ultimately be liable if they allow or tolerate nuisance behavior or if they know that there is a great probability that such problems will occur.
When the landlord fails to make necessary repairs, North Carolina law allows a tenant to seek money damages. This remedy is called "rent abatement". To obtain a rent rebate you must file an action in Small Claims Court for the reduced value of the rental property.
