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A home may be uninhabitable if it's constructed with dangerous materials, is structurally unsound, has a serious mold problem, lacks functioning electrical/plumbing systems or doesn't provide protection from extreme heat or cold ? among other hazards.
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.
Landlords cannot force tenants out of their homes without going to court, for instance, by changing the locks, turning off utilities or removing the doors. Landlords may send tenants ?eviction notices? warning tenants that they plan to file for eviction unless the tenant moves out first.
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.
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.
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.
North Carolina Rental Laws on Landlord Retaliation Harassing the tenant. For example, preventing the tenant from accessing previously available amenities. Refusing to honor renter's repair requests. Decreasing services to a renter.
Do landlords in North Carolina have to provide notice of entry? Notice of entry laws are absent from North Carolina law, and as a result, the landlord is not required to provide notice of entry and therefore may enter the premises for the following reasons: Non-emergency maintenance and repairs.
An issue which makes a property uninhabitable is whether there is a problem with the supply of hot and cold water, or whether there is an issue with drainage and lavatories. Also, if a tenant is unable to prepare food, cook food or wash up after dining, the house may be uninhabitable.