If I’m renting a house and the landlord refuses to do anything to the place or it takes a very lobg time to handle the situation, wht are my rights?

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If I’m renting a house and the landlord refuses to do anything to the place or it takes a very lobg time to handle the situation, wht are my rights?

After 2 years, I have told her once again that the winter is quickly approaching and i have no heat. She stated that she will send someone out but if it cost more than $400 she will not fix it. What could I legally do and can I not pay her rent?

Asked on October 25, 2012 under Real Estate Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She must fix it...this is a habitability issue. You now need to get the landlord tenant consumer protection agency involved. This could be the Attorney General, the city prosecutor's office (city attorney) or county attorney. You should also try HUD. In many states, the landlord would have to pay you to move because the landlord breached the lease.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your landlord will not resolve the heat issue that you have requested to be fixed, you need to do the following:

1. write him or her about the need to do so by a certain date or you will call your local health department as well as the buiding and permit depertment about the matter seeking an inspection. Keep a copy of the letter for future use and need.

2. if the due date comes and goes with no resolution, contact the above for an inspection due to the lack of heat. Assuming the landlord gets cited, he or she will be required to fix the issue immediately.

3. contact a landlord tenant attorney about your matter.


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