Legal Question in Landlord & Tenant Law in North Carolina
I signed a lease for an apartment thinking it would be clean and ready to move into. It wasn't clean and wasn't ready to move into. The apartment representative verbally said the apartment is ready to move into. We get into the apartment and there are fire hazards in the kitchen as well as an empty fire extinguisher that hadn't been checked since July 2012. My rooms of choice were not clean and the bathroom had hair everywhere. So, onto my question. Do I have any cause to bring the apartment company to court?
1 Answer from Attorneys
Yes, you do. First, NEVER sign a lease until you have seen the apartment and have keys in hand. Here is your problem, you signed a lease so you are still on the hook for rent. Here is there problem, they are on the hook to provide you suitable housing until the apartment is placed in a habitable condition.
You can sue them, but most Courts will say that you had to pay rent...and the landlord had to offer alternative housing while they got this home fixed. If they did this, they may be off the hook for most damages. Once you have met your contractual obligation, you can sue for any damages you incurred that were reasonable. For instance if they didn't offer alternative housing and you had to stay in a hotel un reimbursed, you can get that as a damage.
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