Legal Question in Landlord & Tenant Law in North Carolina

I viewed an apartment while tenants were in the apartment. The next day, the property manager called and said that I have to come sign the lease that day because there were three other people who wanted the property. I filled out all the paperwork and they gave me the key, saying it would be ready on Saturday. I show up on Saturday and it was infested with roaches, along with other housing violations...the front door had an inch wide gap from the saddle. I took a formal complaint and pictures to the landlord and turned in my key. The owner refused to talk to me and yelled in my face. My main point is that he was in violation of the lease at the time he signed the lease. Does that nullify the lease?


Asked on 7/20/12, 11:15 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

No it does not nullify the lease. The law woudl say you should have noticed at least the door gap. You don't get to break the lease but you can file a lawsuit against the landlord to force repairs or pay little or no rent based on the defects. This is called rent abatement.

Never sign a lease until you have fully inspected the home that you will move into and the key is ready for you.

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Answered on 12/09/12, 5:28 pm


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