Can I bring charges against my landlord due to unliveable condtions?
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Can I bring charges against my landlord due to unliveable condtions?
I have inquired numerous times abut the pest problem. I just recently had a bug removed from my ear, what can I do?
Asked on October 8, 2012 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You cannot bring criminal charges against the landlord--having a pest infestation is not a criminal act. What you can do is:
1) If after you have provided notice of the problem (e.g. of the infestation) and a reasonable opportunity for the landlord to take action, the landlord does not address the problem, you can take action for breach of the implied warranty of habitability. This would entitle you to do one or more of the following: 1) receive monetary compensastion, typically in the form of a pro rata rent reduction, for the time you have lived with the infestation; 2) hire an exterminator yourself and deduct the cost thereof from rent; or 3) for severe cases, terminate the lease without penalty. Note that you must first provide notice of the problem and a chance to fix, or cure, it; it's very rare to be able to hold the landlord liable for the first occurence of pests, unless you can show that the landlord MUST have previously known of the problem.
2) If you are injured or incur costs due to the pest problem--such as the cost of having a bug removed from your ear--you may be able to sue the landlord for that money, but again, have to show that the landlord was aware of the problem and did not act.
3) You could contact your city Dept. of Health and see if they take action to force the landord to deal with the situation.
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