Repairs, Maintenance Water Damage and Mold Concern

[Happenstance]

Jurisdiction

North Carolina

Hi - I rent an apartment in Huntersville, NC (near Charlotte). During the last big storm, the roof leaked and caused several large water stains on my ceiling and water came pouring down through the ceiling fan. I am on the top floor and I am concerned that the insulation above me, which was most certainly saturated, will start to spawn dangerous mold.

The landlord states that the roofing contractor (who was working on the roof that day) is responsible and will be contacting me soon and will remediate. My questions are:

1 - What are my rights as a tenant? Can I insist that they bring in a certified, licensed water and mold remediation company? I don't want to settle for the roofer simply painting over the ceiling stains. Surely the tainted insulation must be replaced.

2 - Is there a state or county government agency that I can contact to discuss the above and make sure the remediation is done properly?

Thank You,

 

[army judge]

1 - What are my rights as a tenant? Can I insist that they bring in a certified, licensed water and mold remediation company? I don't want to settle for the roofer simply painting over the ceiling stains. Surely the tainted insulation must be replaced.

2 - Is there a state or county government agency that I can contact to discuss the above and make sure the remediation is done properly?

North Carolina law requires landlords to provide tenants with fit and safe housing by making repairs and maintaining rental property in compliance with codes. Your landlord is also required to maintain and repair appliances that the landlord has provided. This includes plumbing, heating and air conditioning units, refrigerators, and stoves, etc.

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. In some instances, the notice of defects or needed repairs can be oral. If possible, you should try to give your notice to the landlord in writing.

If your notice of repairs is in writing you can keep a record of the date you made the request. If the landlord refuses to make repairs and you have to go to court, then you can show that the landlord knew of the defects in your house. You can also show that the landlord knew of the needed repairs in the following ways:

you gave written notice to landlord;
the landlord came to the premises and saw the defects;
the defects existed when you moved in and the landlord promised to repair them; or
the premises were inspected by the local building inspector and who sent a notice of needed repairs to landlord.

If you need to give notice to your landlord of needed repairs, then you can use the attached sample letter. Always keep a copy of any notice you give your landlord.


Date:______________

Landlord:_________________

Dear ____________:

This letter is to notify you that the property I rent from you is in need of the following repairs:

1.

2.

3.

4.

5.

Under North Carolina law, you are required to provide fit premises by repairing defects that make the premises unsafe or unhealthy.

I would like to continue renting from you. The defects mentioned above are adversely affecting me and my family. Please inform me as soon as possible when you will be able to take care of these defects.

I look forward to talking to you.

Sincerely,


Tommy The Tenant
_____________________


Welcome to LawHelpNC.org | A guide to free and low cost legal aid, assistance and services in North Carolina
......




Welcome to LawHelpNC.org | A guide to free and low cost legal aid, assistance and services in North Carolina
......




Ordinances & Manuals | Huntersville, NC
......



iPropertyManagement.com

Laws
Templates
Guides
Research
IPropertyManagement
Laws
Landlord Tenant Rights
North Carolina
Warranty Of Habitability
LEGAL DISCLAIMER
Warranty of Habitability in North Carolina
Last Updated: June 9, 2023 by Elizabeth Souza

In North Carolina, a landlord's obligation for providing a habitable living space is primarily governed by NC Gen Stat. § 42-42. This legal requirement, commonly known as the "implied warranty of habitability", also outlines the rights of tenants when repairs are not made in a timely manner.

Quick Facts Answer
Landlord Responsibilities Windows/ Doors, Hot/Cold Water, HVAC, Gas, Sanitation Facilities, Stairs/Railings, Smoke/Carbon Monoxide Detector.
Time Limit for Repairs "Reasonable" Amount of Time
Tenant Recourse Options
Withhold Rent: No, Unless Agreed to in Lease
Repair & Deduct: No Statute
Rent Abatement: Tenants can file an action in Small Claims Court for a rent rebate.
Applicable Dwelling Types in North Carolina
The implied warranty of habitability in North Carolina does not apply to all types of dwellings. See the table below for which are and aren't included.

Dwelling Type Landlord/Tenant Laws Apply?
Single family Yes
Multi-family Yes
Fraternities/Sororities/Clubs Not specifically addressed
RV parks Not specifically addressed
Mobile home parks Yes
Condos Not addressed
Hotels/Motels No
Additionally, rental agreements are not allowed to include any provisions that waive the tenant's right to live in a habitable residence.

Questions? To chat with a North Carolina landlord tenant attorney, Click here

Landlord Responsibilities in North Carolina
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in North Carolina, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue Landlord Responsibility?
Provide windows and doors that are in good repair. Yes
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. Not addressed
Provide hot and cold running water. Yes
Provide working HVAC equipment. Yes
Provide working plumbing and electrical wiring/outlets/ lighting. Yes
Provide working gas lines if used for utilities/cooking Yes
Provide working sanitation facilities (bathtub/shower, toilet). Yes
Provide a trash can (for trash pickup services). Not addressed
Ensure that any stairs and railings are safe. Yes
Ensure that all floors are in good condition and safe. Yes
Provide fire exits that are usable, safe, and clean. Not addressed
Ensure storage areas, including garages and basements, do not house combustible materials. Not addressed
Provide working smoke detectors Yes
Provide a mailbox. Not addressed
Provide working wiring for one telephone jack. Not addressed
Provide working kitchen appliances. Yes, if required
Provide working carbon monoxide detector. Yes
Provide a working washer/dryer. Yes, if required
Landlords in North Carolina should provide a fit and habitable dwelling unit. It is the landlord's responsibility to comply with all building and housing codes and make all necessary repairs.

North Carolina Warranty of Habitability: Landlord & Tenant FAQs
......

 

[Happenstance]

Thanks for the response army judge. I guess my biggest concern is that the determination of the appropriate remediation is subjective. If the landlord says that a simple coat of Kilz paint is all that is necessary, but I feel that wet insulation in the rafters needs replacing, where do we go from there? Perhaps I should contact the local building inspector as mentioned in your response.

"the premises were inspected by the local building inspector and who sent a notice of needed repairs to landlord"

Maybe the inspector's office would agree with my feelings on a proper remediation

 

[Zigner]

Maybe the inspector's office would agree with my feelings on a proper remediation

The problem is that your "feelings" are irrelevant. You may not agree with the remediation because you "feel" more should be done, but if the proper remediation is done, then you're out of gas.

 

[Happenstance]

I understand. However, who determines the definition of the 'proper remediation'. That's why a certified water damage and mold specialist should be employed, and I am trying to determine if it is my right as a tenant to demand that. Thanks again for your thoughts.

 

[Zigner]

I understand. However, who determines the definition of the 'proper remediation'. That's why a certified water damage and mold specialist should be employed, and I am trying to determine if it is my right as a tenant to demand that. Thanks again for your thoughts.

You are free to "demand" it, and the LL is free to refuse. If you wish to take further action, you will need to provide more than your feelings on the matter. You can call for a code inspector and/or you can call for a professional of your own.

 

[army judge]

Maybe the inspector's office would agree with my feelings on a proper remediation

Maybe, who knows?

If you really feel unsafe, it might be time to find another rental unit.

Generally, a landlord's duty to repair is nowhere near the tenant's expectations.

 

[Happenstance]

Very disappointing. So the LL can simply slap a coat of paint on the ceiling and say that he "feels" this a proper remediation. And I either have to accept his arbitrary "feelings", or spend my money on an expert and subsequent legal action. There must be a code that specifies remediation details for water damage and mold. I will try to contact the code inspector. Thanks again for your input.

 

[zddoodah]

What are my rights as a tenant?

You have dozens of legal rights, and creating a list would serve no useful purpose.

Can I insist that they bring in a certified, licensed water and mold remediation company?

You can "insist" anything you like, but you don't have any right to have the work done by someone with any particular certifications.

I don't want to settle for the roofer simply painting over the ceiling stains. Surely the tainted insulation must be replaced.

Be sure you've made this clear to the landlord and that you make it clear to whomever does the work.

Is there a state or county government agency that I can contact to discuss the above and make sure the remediation is done properly?

North Carolina has 100 counties, and you didn't identify yours. That said, I doubt any county has an agency for this particular purpose. I have no idea about state agencies, but this isn't something for which any government agency needs to become involved unless some problem occurs. In other words, any governmental involvement at this point is premature.

 

[Happenstance]

Thank You

 

[adjusterjack]

Very disappointing. So the LL can simply slap a coat of paint on the ceiling and say that he "feels" this a proper remediation.

Yes.

And I either have to accept his arbitrary "feelings", or spend my money on an expert and subsequent legal action.

Yes.

If you are not willing to pay for your own self-preservation you will, by default, have to accept the opinions and decisions of others.

There must be a code that specifies remediation details for water damage and mold. I will try to contact the code inspector.

Yes, do that.

But if, in the end, you are not happy with what happens you are free to relocate when your current lease expires, or sooner if you are on a month-to-month tenancy, with proper notice.