Legal Question in Real Estate Law in North Carolina

apartment complex wont fix A.C. ,can I break lease?

Hello

I live in Wilmington NC, and just started to lease an apartment the end of May this year for one year.....I have made several complaints about the A.C. not working properly, and when it was I smelled a horrible burning smell from vents but they brush me off, now it has fully stopped and it is so hot outside and hotter inside. I cannot cook here cause it is unbearable. It is 90 degrees in this apartment and they wont fix it, they say they cant get a part, its been a week. One closet was full of water because of the faulty A.C. unit.......I have been reasonable up until now it is inhumainly hot in here and I am afraid we will get sick.

I can't open my windows because I have no screens and they know this and it wouldn't be safe to open them.

Help do I have grounds to term my lease without problems........what do I do, I need fast help


Asked on 7/28/08, 8:43 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: apartment complex wont fix A.C. ,can I break lease?

That is a really complicated issue. All I can tell you is that I am not aware of a case that has held you can move out.

You probably have different options. A safe one is to live on the premises, pay rent and bring a lawsuit against the Landlord for rent abatement. While you are at it, you can also ask the court to terminate your lease.

You could try to terminate the lease and move out. Be prepared for the landlord to sue you and then you would raise this as a defense but it is hard to say how that would turn out, especially if the Landlord ends up fixing the a/c.

One thing you must do is afford the landlord an opportunity to correct the breach and have evidence to that effect. Safest way would be to send Landlord notice in writing and have proof that Landlord received it (overnight delivery or certified mail, return receipt)

- Jeff

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Answered on 7/29/08, 10:15 am


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