Legal Question in Credit and Debt Law in North Carolina

Yes. A defect in functioning of the water does not excuse you from paying rent. What kind of a lease do you have? Are you near the end of your lease term? What kind of perrson is your landlord like? Do you like where you live? The answers will dictate what you do next.

Notify the landlord of the problem IN WRITING. Date the letter and keep a copy for yourself. If you hand deliver it, get him or his secretary to sign a receipt indicating that it was received. Ask him to correct it. If he refuses, complain to the county health department. . Once they verify it you will be excused from paying rent until the problem is fixed. If the county health deparment will not get involved, at least you have documented the problem. You can then sue the landlord for abatement of rent. The landlord may try to evict you for this or may not renew your lease. He cannot evict you but he can refuse to renew your lease so think aboutthis carefully. An action for rent abatement is the difference in value between a house/apartment with water and one without, equal to the maximum amount of rent. How long has this problem gone on? Is it every day?

If you are thinking about moving anyway, tell the landlord that this problem needs fixed and see ifhe will release you from the remainder of the lease in exchange for you not bringing an action for rent abatement. Get a document that says this and go find another place.

Feel free to contact me if you want me to review your lease, draft a termination agreement or more thoroughly discuss this problem.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC