Raleigh North Carolina Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition - demand for remedy

State:
North Carolina
City:
Raleigh
Control #:
NC-1039LT
Format:
Word; 
Rich Text
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Description

This form covers the subject matter described in the form's title for your State. This is a demand letter from Tenant to Landlord demanding that leased conditions be repaired or remedied within ten days and made compliant with building codes. The condition of the leased premises are currently unsafe and/or unhealthy.

Subject: Raleigh North Carolina Letter from Tenant to Landlord — Demand for Remedy in Non-Compliance with Building Codes Affecting Health and Safety or Resulting in Untenantable Condition Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to bring your attention to some pressing concerns regarding the compliance of our rental property located at [Property Address], Raleigh, North Carolina, with the building codes and regulations set forth by the local authorities. These violations are significantly impacting the health and safety of myself and other tenants, rendering the premises untenantable. Primarily, I have noticed the following violations and issues affecting the property: 1. Lack of Proper Ventilation: The building lacks adequate ventilation systems, leading to poor air quality and suffocating conditions within the premises. 2. Mold and Water Damage: Several areas in the rented unit exhibit visible signs of mold growth, accompanied by water leaks and stains. These conditions pose serious threats to our health, potentially causing respiratory issues and allergic reactions. 3. Electrical Hazards: Electrical points and circuits in the property are outdated and in a state of disrepair. Faulty wiring, exposed wires, and inadequate grounding create hazardous situations, increasing the risk of electrical fires and shocks. 4. Pest Infestation: The building has become a breeding ground for pests, such as rodents and insects. Their presence compromises our living standards, hygiene, and overall health. 5. Structural Integrity: Several key structural components, including windows, doors, and locks, are in a state of disrepair, making the property vulnerable to break-ins and compromising our safety. According to the laws and regulations enforced by the City of Raleigh, North Carolina, it is the landlord's responsibility to ensure that the rental property meets all necessary building codes, standards, and ordinances to maintain a habitable environment for tenants. By failing to address these concerns promptly, you are in direct violation of the landlord's obligations to provide a safe and habitable dwelling. Therefore, I kindly request you to remedy the aforementioned issues within [reasonable timeframe, e.g., 14 days] to rectify the violations and ensure compliance with the building codes. Failure to do so will leave me with no choice but to consider this a breach of our lease agreement, entitling me to seek legal remedies, such as withholding rent or terminating the lease. I genuinely appreciate the efforts you have made in the past to address maintenance concerns promptly, and I trust that you will treat this matter with the same level of seriousness. It is my sincere hope that we can swiftly resolve these issues amicably without the need for further action. Please respond to this letter within [reasonable timeframe, e.g., 5 business days] to confirm your understanding of the situation and outline the course of action you intend to take. Thank you for your prompt attention to this matter. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] Alternative Names for Different Types of Letters: 1. Raleigh North Carolina Letter from Tenant to Landlord — Demand for Immediate Remedy for Building Code Violations Affecting Health and Safety 2. Raleigh North Carolina Letter from Tenant to Landlord — Notice of Non-Compliance with Building Codes and Request for Timely Resolution 3. Raleigh North Carolina Letter from Tenant to Landlord — Demand for Rectification of Untenantable Property due to Building Code Violations 4. Raleigh North Carolina Letter from Tenant to Landlord — Formal Complaint about Failure to Comply with Building Codes — Demand for Remedy 5. Raleigh North Carolina Letter from Tenant to Landlord — Urgent Warning of Building Code Violations — Request for Swift Action.

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FAQ

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.

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.

Can Tenants Sue Landlords for Emotional Distress? In short - yes. Every resident of the United States has the right to file a civil lawsuit against another they believe caused them harm.

Contact your local council and ask how you can make a complaint. If your landlord still won't fix the problem, contact your nearest Citizens Advice.

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.

File A Claim You may choose to take the landlord to court for his or her failure to make needed repairs in a reasonable time frame. In a case you file against them, you can ask for the same things?reimbursement for rent you have paid beyond the actual rental value and repair costs.

However, tenants can sue in small claims court, asking a judge to order repairs, to reduce rent while repairs are being made, and for a retroactive rent abatement for the time during which repairs were not made.

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)

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.

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Article 5 of the North Carolina Landlord and Tenant law governs residential rental agreements. NC Department of Justice: -.Commercial Sublease. When a tenant vacates commercial property before the lease term has expired, it may be able to rent the premises to a third party. Parking: the owner can provide 135 parking spaces in the lot directly across the street from the restaurant along Marina Street. Parking: the owner can provide 135 parking spaces in the lot directly across the street from the restaurant along Marina Street.

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Raleigh North Carolina Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition - demand for remedy