Raleigh North Carolina Letter from Tenant to Landlord containing Notice that premises in uninhabitable in violation of law and demand immediate repair

State:
North Carolina
City:
Raleigh
Control #:
NC-1002LT
Format:
Word; 
Rich Text
Instant download

Description

This form is used by a tenant to notify the landlord that the leased premises are untenantable and uninhabitable. Through this form, the tenant makes a demand for repair of the premises. If repairs are not made by the landlord, the tenant may have the right to terminate the lease or abate rent.
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FAQ

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.

Section 11 of the Landlord and Tenant Act 1985 implies an absolute and non-excludable obligation upon landlords to carry out basic repairs. It is implied into all tenancy agreements unless the tenancy: began before 24 October 1961. is a fixed term of seven years or more (with limited exceptions)

If the structure is unstable or there is a severe problem with damp in the property, it may be deemed uninhabitable. If the layout is unsafe, if there isn't enough natural light, or if there is not enough ventilation, the problem may be uninhabitable.

Gather all the evidence that you have regarding the unsafe living conditions and what steps all parties have taken. Get an attorney or call your local Legal Aid department for help. Take your landlord to court to force the landlord to fix the problem and comply with local and state landlord ordinances.

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.

Georgia law does not permit you to withhold your rent, but if you can prove that you gave the landlord notice of the needed repair, you can sue the landlord in court for failure to repair.

Unsafe conditions may include lack of heat and air conditioning (A.R.S. §33-1364), infestation of pests, or non-working appliances (A.R.S. §33-1324), among others.

Landlords may be sued for emotional distress in certain situations. In Arizona, for example, courts have awarded emotional distress damages to tenants for their annoyance and discomfort caused by inhabitable living conditions such as inadequate heat and water and dangerous pests.

Filing a Complaint Complete an online civil rights complaint form. Call our toll free numbers: 877-491-5742 (Phoenix) or 877-491-5740 (Tucson) Write a letter that includes: The person's name and address. The name and address of the person the complaint is about. The address of the house or apartment involved.

Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.

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Raleigh North Carolina Letter from Tenant to Landlord containing Notice that premises in uninhabitable in violation of law and demand immediate repair