Raleigh North Carolina Letter from Tenant to Landlord containing Notice that premises in uninhabitable in violation of law and demand immediate repair

State:
North Carolina
City:
Raleigh
Control #:
NC-1002LT
Format:
Word; 
Rich Text
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Description

This form is used by a tenant to notify the landlord that the leased premises are untenantable and uninhabitable. Through this form, the tenant makes a demand for repair of the premises. If repairs are not made by the landlord, the tenant may have the right to terminate the lease or abate rent.

Subject: Urgent Notice: Uninhabitable Premises In Violation of Health and Safety Regulations — Immediate Repair Required [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Dear [Landlord's Name], RE: Uninhabitable Premises In Violation of Health and Safety Regulations — Demand for Immediate Repair I hope this letter finds you well. I am writing to bring to your attention the dire condition of the premises I currently occupy at [Rental Property Address] in Raleigh, North Carolina, which has become uninhabitable due to multiple violations of health and safety regulations, evident by the following concerns: 1. [Keyword: Health Code Violation] — [Describe the specific health code violation, e.g., presence of mold, pest infestation, unsafe electrical wiring, sewage backup, etc.] — [Highlight the potential health risks associated with the violation, such as respiratory issues or structural hazards.] 2. [Keyword: Building Code Violation] — [Describe the specific building code violation, e.g., faulty stairs, lack of fire safety measures, inadequate heating or ventilation, etc.] — [Explain how these violations pose a significant risk to the safety and well-being of the occupants.] 3. [Keyword: Safety Hazard] — [Identify any dangerous conditions that pose an immediate safety threat, such as leaking roofs, broken locks on entrances, exposed wiring, etc.] — [Emphasize the urgency of the repairs needed to mitigate the risk of accidents or potential liability issues.] As a tenant, I have the right to live in a safe and habitable environment under the North Carolina Residential Rental Agreements Act (N.C.G.S. § 42-42). It is evident that the current state of the property violates this legal obligation and poses an unacceptable level of risk to my health and safety. I hereby demand that you take immediate action to rectify the aforementioned issues within [reasonable timeframe] to restore the premises to a habitable condition. Should you fail to address these violations promptly, I am compelled to remind you of your duty to fulfill your statutory obligations as a landlord. According to North Carolina law, if repairs are not made within a reasonable period, I reserve the right to exercise the following options: 1. Termination of Lease Agreement: — In light of the uninhabitable conditions, I may be forced to terminate the lease agreement, freeing me from any further obligations. 2. Withholding Rent or Repair and Deduct: — I may exercise my right under N.C.G.S. § 42-44 to withhold rent until the necessary repairs are completed, or arrange and pay for the repairs myself and deduct the expenses from future rent payments. 3. Legal Action: — If no appropriate action is taken in response to this notice, I may find it necessary to pursue legal remedies available to me under North Carolina law, including seeking damages for any harm suffered due to the uninhabitable conditions. Please take this matter seriously and prioritize the necessary repairs immediately, as I am eager to continue residing in a safe and healthy environment. I kindly request that you inform me in writing of your proposed plan of action and anticipated timeframe for completing the repairs within [reasonable timeframe] from the receipt of this letter. I look forward to your prompt response and resolution to these pressing matters. Failure to address these violations as required by law will leave me no alternative but to pursue further action to enforce my rights as a tenant. Thank you for your attention to this urgent matter. Yours sincerely, [Your Name]

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FAQ

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.

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)

If the structure is unstable or there is a severe problem with damp in the property, it may be deemed uninhabitable. If the layout is unsafe, if there isn't enough natural light, or if there is not enough ventilation, the problem may be uninhabitable.

Gather all the evidence that you have regarding the unsafe living conditions and what steps all parties have taken. Get an attorney or call your local Legal Aid department for help. Take your landlord to court to force the landlord to fix the problem and comply with local and state landlord ordinances.

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.

Georgia law does not permit you to withhold your rent, but if you can prove that you gave the landlord notice of the needed repair, you can sue the landlord in court for failure to repair.

Unsafe conditions may include lack of heat and air conditioning (A.R.S. §33-1364), infestation of pests, or non-working appliances (A.R.S. §33-1324), among others.

Landlords may be sued for emotional distress in certain situations. In Arizona, for example, courts have awarded emotional distress damages to tenants for their annoyance and discomfort caused by inhabitable living conditions such as inadequate heat and water and dangerous pests.

Filing a Complaint Complete an online civil rights complaint form. Call our toll free numbers: 877-491-5742 (Phoenix) or 877-491-5740 (Tucson) Write a letter that includes: The person's name and address. The name and address of the person the complaint is about. The address of the house or apartment involved.

Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.

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More info

Whitehurst, 216 N.C.340, 4 S.E.2d 900. (1939)(landlord may not file summary ejectment action prior to expiration of the notice).NC Department of Justice: -. There is no statute in North Carolina law covering this issue. NC General Statutes Pertaining to the Enforcement of the North Carolina State Building Code. This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance of January 19, 2016. See NLIHC's top priorities for the next COVID-19 relief bill. Post 303: NC Law, Rules, and Legal Concepts (Student Version). September 2018 Edition. Creedmoor, Granville County and the State of North Carolina.

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Raleigh North Carolina Letter from Tenant to Landlord containing Notice that premises in uninhabitable in violation of law and demand immediate repair