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.
Mecklenburg North Carolina Tenant Self-Help Right
Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-OL13022
Format:
Word;
PDF
Instant download
Description
How to fill out Tenant Self-Help Right?
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FAQ
Unfortunately, tenants cannot withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs.
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 .
North Carolina allows self-help eviction if the landlord does not breach the peace. But it prohibits forcible self-help eviction. A landlord may use peaceful means to reenter and take possession of leased premises or may do so with the tenant's consent or cooperation.
The rights of North Carolina tenants include the right to fair housing, security deposit protections, freedom from landlord retaliation and rights for victims of domestic violence.
You don't have the right to withhold rent because of your landlord's failure to do repairs. If you withhold rent your landlord may start possession proceedings against you and put you at risk of eviction.
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.
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.
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.
The rights of North Carolina tenants include the right to fair housing, security deposit protections, freedom from landlord retaliation and rights for victims of domestic violence.
