Legal Question in Wills and Trusts in North Carolina
Ok i have a 2 year lease on a Doublewide and we have been through hell with this land lord.. when we moved in this place was a mess we fixed it it it took a month not to mention that my husband was unemployed and we worked hard and sometimes we r late but everytime we turn around we r fixin something that broke holes in the floor that r coming out of no where mold showing and he keeps harassing us about the house payment and we have paid txes on the tralier and also keep it the best way we can and we also pay insurance.. and he refuses to help us with anything and in the lease there is no place signed saying he has no right to help us with the house so what can we do
1 Answer from Attorneys
First, this is not a question about probate, wills and trusts. You will be better served by seeking advice from a landlord tenant attorney.
Are you renting just the lot and own the trailer or are you renting the lot AND the trailer?
If just the lot, you could move, but it is hard to move a mobile home. If you are renting both, you need to leave but you need to do it the right way.
First, do you have a written lease? You should. If you don't, are you considered as being on a month to month tenancy? If so, give your landlord 30 days notice and tell him you are leaving.
If you have a written lease, there is no right to break a lease. So you will have to wait until lease end to leave. If you are in the lease, the landlord might let you go, given all the problems that you have experienced. But you need to get documentation and proof. and send written notification of the problems to the landlord and demand that the property be made habitable. Get a digital or disposable camera and take pictures of the trailer showing the mold and holes in the floor. Don't tell the landlord that you have pictures, but do send him a letter outlining all of the problems and asking for action.
He probably will not fix it up, but if he refuses, you will then have an excuse to leave and if he tries to come after you for unpaid rent, you will be able to show that the house was not habitable. What about the county health department? I know with houses or apartments, if the landlord will not act, the health dpeartment will inspect the property and ifi they substantiate the problems, the landord will have to fix them and will not be able to charge you any rent at all until they do. I don't know if it works the same way with trailers, but call your county health department and find out.
Did you pay any security deposit? Why are you paying taxes? If you are renting the lot, the landlord should be paying property taxes but I would have to see your lease. The landlord might be assessing the taxes to the tenants as part of the lot. If the trailer is yours, you will pay personal property taxes on that. If the landlord owns that too, then he should be paying taxes on it, although again, these might be assessed to the tenant as part of the lease.
Whose responsibility is it to fix things? Does the lease say it is your responsibility? Again, who owns the trailer? Usually, it is the landlord's responsibility to fix things unless you own the trailer or unless there is a written agreement between you and the landlord that you will make any repairs in lieu of rent or in exchange for reduced rent.
I hope this helps.