Can we get out of our lease if landlord is negligent?

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Can we get out of our lease if landlord is negligent?

Our landlord has still not repaired a leaky roof 2.5 months after I initially notified her. There is visible mold on the ceiling. The windows are sealed shut. The gutters are in poor repair and have damage from where a tree fell on the house almot 1 1/2 years ago (she never had the roof repaired from that). We just want out of our lease. What are our legal rights?

Asked on August 5, 2012 under Real Estate Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes.  When there is a breach of the implied warranty of habitabiity, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs.  The mold and the leaky roof are health and safety issues which constitute breaches of the implied warranty of habitability.  When the landlord fails to respond within a reasonable time, the tenant has the following options:  The tenant can make the repairs (call someone to make the repairs) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction.  Another alternative is to sue the landlord for breach of the implied warranty of habitability.  You can also contact your local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.


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