This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.
North Carolina Tenant Self-Help Right
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Multi-State
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US-OL13022
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FAQ
The basic rights North Carolina's landlord and tenant laws are found in Chapter 42 of the state statute. The law requires landlords to provide ?fit and habitable? conditions. This generally means the home must be safe and have adequate heat, water and plumbing, ing to Legal Aid of North Carolina.
You can also sue before the problem is fixed and ask that the court allow you to withhold future rent to cover the costs (?rent abatement?). In either case, you may be able to recover damages for the cost of the repairs, the inconvenience and any damage to your personal property.
For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.
In North Carolina, there is no specific law on landlords' right to access the property. It means that landlords may enter the property without prior notice if they have justifiable reasons to do so. In emergency situations, landlords may enter without tenants' permission.
§ 42-14. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days.
In other words, a landlord is either disrupting their right to quiet enjoyment or hostilely forcing the tenant to take some action. This could include vacating the property or not filing a complaint that they have a legal right to.
North Carolina law says that your landlord must keep your housing fit and safe. It also says that you, the tenant, must pay your rent, keep your home clean, and not damage your home. To make the law work, both the tenant and the landlord must do their part.
The state forbids landlords from taking the law into their own hands. Examples of illegal "self-help" evictions include changing the locks, taking the tenant's belongings, removing the front door, or turning off the heat or electricity.
