Legal Question in Landlord & Tenant Law in North Carolina

i Live in Gastonia North Carolina. I'm renting a mobile home on a month to month lease. I have paid my rent on time for a year. I was not informed when i moved in that there was no heat in the home and that all the holes and cracks would be fixed in a timely manner. . The home is also full of holes from the floor to the walls and the frontdoor and windows. The owner lives out of state so the park manager collects the rent and makes all repairs. In November of 2011 the park manager installed a heating system which almost caught fire later that night, I caught it in time as it was smoldering. the next day he worked on it and i really dont know what he did to it but it only blows luke warm air sucks all the cold air in through cracks and holes i n the home to the point i can feel a breeze, and makes my power bill go up 10 times ( my bill is usually 60-80 dollars in warm temps after heater was installed it jumped to $600.00 in 1 month).I suffered through low 20 & 30 degree temps last winter because he refused to fix or replace the unit. Now its getting cold at night again and he hasnt done anything to fix the heat or do any repairs to the door windows or floors. . If I mention Im freezing to him he says layer my clothes and cover up. Can I withhold my rent until he fixes the heat and all the holes in the home or should i go to the court and file a complaint against the owner or Manager?


Asked on 11/14/12, 4:39 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

In North Carolina, you can NEVER withhold rent...you will walk right into an eviction hearing. You may have claims for the landlord's breach of the Warranty of Habitability. You need to make sure that you list every defect with the home. From there list how long each defect has occured, when you told the property manager about it, and how long it has occured. Finally you need to determine how much you would pay for rent each month with the conditions as you listed them. If you win, you may get a refund of money paid and/or and order that allows you to withhold rent until proper repairs are made. Make sure you have evidence such as the energy bills and pictures to prove your case.

You can sue in small claims court or district court for this. Unfortunately you can only sue a defendant in small claims court in the county they live in. If the landlord is out of state, you will have to sue in District Court. When you file your complaint, you need to ask for indigent status...meaning you can't afford the about $150.00 needed to file the complaint. You may also want to call Legal Aid...there is an office in Gastonia or other attorneys as suing in District Court can get complicated and time consuming.

Also, make sure you sue the right person. If the landlord created a corporation to own the proeprty than the corporation and not the landlord is the proper entity to sue...but if a corporation is created it is possible that its "residence" is in your county and then you can use small claims court.

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Answered on 12/06/12, 5:03 am


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