North Carolina Rent Abatement Clause Providing for a Landlord Remedy and Damages

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Multi-State
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US-OL4021
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Description

This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.

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FAQ

§ 42-10. Tenant not liable for accidental damage. A tenant for life, or years, or for a less term, shall not be liable for damage occurring on the demised premises accidentally, and notwithstanding reasonable diligence on his part, unless he so contract.

The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.

Examples of conduct sufficient to constitute constructive eviction include severe insect infestations, preventing tenants from obtaining electricity, and failure to provide heating.

A North Carolina landlord's remedy of tenant eviction includes? filing for summary ejectment in district court.

Your landlord must: ? Make any repairs needed to keep your place fit and safe. ? Keep the plumbing, heating, sanitary and electrical equipment in good and safe working order, and provide a smoke alarm. ? If the landlord provides appliances, like a stove or a refrigerator, he or she must fix them if they break down.

North Carolina laws dictate that a tenant must vacate the property within 5 days once the Writ of Possession is posted or delivered to the sheriff's office. This, along with the 10 days before the Writ is issued allows the tenant a maximum of 15 days to appeal the ruling and vacate the property.

North Carolina tenants are not allowed to unilaterally withhold rent. The tenant must have a court order to withhold payments. Getting back a portion of rent paid by suing the landlord, called rent abatement, is the primary remedy for North Carolina tenants when the landlord doesn't do timely repairs.

To begin the eviction process, the landlord must file a Magistrate's Summons and a Complaint in Summary Ejectment with the Clerk of Court. In most cases, the landlord must give the tenant advance notice to end the lease or make a demand for past-due rent before starting the eviction process.

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North Carolina Rent Abatement Clause Providing for a Landlord Remedy and Damages