what is my position

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myinterestislaw

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My wife and I live in North carolina and we just moved into a town house. We have been here for a month exactly. we are about to pay our first month but the landlord has made promises prior to moving in to put up a fence, a fire extinguisher, replace the carpet and remove his old dishwasher. Well now the commodes and tubs are backing up and draining slowly and the commode upstairs overflowed for about 8 hours and damaged the living room. the entire ceiling has fallen and he doest wan to get a plumber in to fix the issues but hed rather try to do it himself. Although that is his perocative he has given a key to one of the guys who are coming to do repairs and coming by alate in the evenings the repairs will take at least two to three weeks and there is contaminaton and we will have to stay here through the constant traffic, dust and debri. We cant get in either bathrooms due to the dehumidifiers and blowers. My question is should I pay to stay or should he pay us to vacate. Secondly how long should we wait before we accuse him of being negligent.
 
If the situation makes the place unlivabe or "uninhabitable" you generally take photos and send the landlord written notice of the problem. You should include the reasons why the landlord knew or should have known about the problem. I would state that the above has forced me to move out at an additional expense. It's up to you whether to sue for another move but there is a cost for moving, time and money, that wouldn't have been necessary if the landlord was up front with you. If you don't pay and the landlord sues you, you have a countersuit and a written notice to the landlord terminating your lease due to his "material breach" - make sure you send the letter via a certified method. Best of luck to you.
 
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