Water cut off to trailer park

[Joshua Narron]

Jurisdiction

North Carolina

What is the name of your state? North Carolina
The landlord was foreclosed on and the bank seize the property, however the trailer park was not included in the foreclosure, but the property that the well is on, was included in foreclosure, so now the water has been turned off, and landlord refuses to furnish water to the park, but still wants the lot rent every mount, and we are having to buy water, and carry clothes to the laundry mat, and spending money that was not having to be spent prior, she even refused to have the next door neighbors septic tank pumped out, and told here if she wanted it done she would have to pay for it herself. With her not furnishing any services, are we still obligated to pay her the lot rent?

 

[flyingron]

You are obligated to pay the rent. The NC landlord tenant laws (which cover mobile home parks) do not allow the tenant to unilaterally withhold rent even if the landlord is in breach (which they are here). You can go to small claims court over this however.

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[mightymoose]

Agreed.
You may be able to withhold rent, but only after following a very specific process.
Having cut your water was likely a major blunder for the landlord. The sooner you (and others) take action the better.
Consider teaming up with other residents to hire a lawyer.

 

[flyingron]

There's no real process in NC unless either the landlord agrees or the judge specifically says you no longer are responsible for paying the rent.

 

[mightymoose]

The process I meant was what is likely in lease agreements. Usually a procedure exists for making formal complaints for repairs (usually in writing) that must be followed, and certain time allowed, before advancing further. If the procedure in the lease isn't followed it may allow the landlord to deny knowledge of the issue.
When the landlord fails to act then the legal claim has some strength to it. If there is no written lease then it seems heading straight to court may be appropriate.... Although I believe a letter from an attorney representing the tenants can motivate the landlord to act much sooner.

 

[flyingron]

Never seen such a clause, it's certainly not in the NC Assoc. of Realtors standard lease.