[Your Name] [Your Address] [City, State, ZIP Code] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Subject: Demand for Remedy — Failure to Comply with Building Codes Affecting Health and Safety Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a significant concern regarding the compliance with building codes affecting health and safety within the property I am currently renting from you at [Rental Property Address]. It has come to my attention that there are several violations that directly impact the habitability of the premises, rendering it untenantable as per the legal standards set forth by the state of North Carolina and the city of Charlotte. First and foremost, I would like to highlight the apparent violations that have had a detrimental impact on the health and safety of myself and other tenants residing within the property. These violations include: 1. Inadequate Ventilation: The building lacks proper ventilation, resulting in mold growth and poor air quality, which poses serious health risks to tenants. 2. Electrical Hazards: There are exposed electrical wires, malfunctioning outlets, and flickering lights throughout the premises, posing a significant risk of electrical shock or fire accidents. 3. Pest Infestation: The building has been consistently infested with pests, including rodents and insects, which not only compromises the cleanliness but also creates an unsanitary living environment. 4. Structural Deficiencies: The property exhibits multiple structural deficiencies, such as cracked walls, sagging ceilings, and unstable staircases, which present dangers of collapse, causing potential harm to all residents. 5. Plumbing Issues: There are recurring plumbing issues, including leaks, clogged drainages, and sewage backups, leading to unsanitary conditions and potential water damage to personal belongings. It is important to note that the aforementioned violations directly contradict the building codes and regulations set by the city of Charlotte, as well as the North Carolina State Health and Safety Standards. As a tenant, I have the right to live in a safe, habitable environment that complies with the established legal requirements. Unfortunately, the current condition of the property renders it untenantable and compromises my well-being. In light of the situation, I hereby demand immediate action to remedy these violations within [specific timeframe, e.g. seven (7) days] from the receipt of this letter. Failure to address these issues adequately within the stipulated time may leave me with no choice but to pursue further legal action, including filing a complaint with the local housing authority, seeking appropriate compensation, and potentially terminating the lease agreement in accordance with applicable laws. I kindly request that you promptly communicate your intentions and provide a written response within a reasonable timeframe, acknowledging this letter and outlining the plan of action to rectify the aforementioned violations. It is my sincere hope that we can resolve these issues amicably. Thank you for your attention to this matter. I trust that you will treat this issue with the seriousness it deserves and take immediate action to ensure a safe and habitable living environment for all tenants. Yours sincerely, [Your Name]
Charlotte 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
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FAQ
You can take your landlord to court if they won't deal with repairs in your home. You should only consider legal action as a last resort. If you do take legal action, the court can order your landlord to: carry out the repair work.
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)
An N11: ?Agreement to End the Tenancy? - is a form stating that the landlord and tenant both want to end a lease, and has to be signed by both of them. If you want to stay in your unit, you can refuse to sign the N11.
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.
North Carolina Rental Laws on Landlord Retaliation 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.
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.
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.
Common warning signs of emotional distress include: Eating or sleeping too much or too little. Pulling away from people and things. Having low or no energy. Having unexplained aches and pains, such as constant stomachaches or headaches. Feeling helpless or hopeless.
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.
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.