Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Reasons a landlord is in breach of a lease in North Carolina (https://www.askmehelpdesk.com/showthread.php?t=458724)

  • Mar 18, 2010, 06:13 PM
    lisaeric0105
    Reasons a landlord is in breach of a lease in North Carolina
    I signed a lease on March 2 2010 I have this landlord 1500.00 we never moved in the property and notified her the next day the house has too many defects and has since falied coutny housing code is that a breach on the landlords part I want the lease broken due to the decects and the fact that the house is not up to code... Thanks.
  • Mar 18, 2010, 06:15 PM
    lisaeric0105
    Quote:

    Originally Posted by lisaeric0105 View Post
    I signed a lease on March 2 2010 I have gthis landlord 1500.00 we never moved in the property and notified her the next day the house has too many defects and has since falied coutny housing code is that a breach on the landlords part I want the lease broken due to the decects and the fact that the house is not up to code...............Thanks.

    I have given the landlord 1500.00... as well for a house not up to code she has been deceitful from day 1 and even if she fixes the issues I do not want to live under a roof owned by her it would be a nightmare...
  • Mar 18, 2010, 06:34 PM
    Fr_Chuck

    Did you not inspect the house before you leased it ?

    What are the defects, did you give them a list in writing requesting they be fixed ?

    What do you mean "failed county housing code" did you have a county inspector come out and inspect it ?
  • Mar 18, 2010, 07:09 PM
    ScottGem

    The problem is you signed a lease. If you signed a lease sight unseen that's your problem. If you had moved in and found the violations and reported them and the landlord did not fix them, then the landlord would be in breach, but you breached first.
  • Mar 19, 2010, 03:36 AM
    lisaeric0105
    Quote:

    Originally Posted by ScottGem View Post
    The problem is you signed a lease. If you signed a lease sight unseen that's your problem. If you had moved in and found the violations and reported them and the landlord did not fix them, then the landlord would be in breach, but you breached first.

    No an inspector found the violations... The house is not up to code therefore should not have rented it out... How am I supposed to know whether a house is up to code or not?? I am not an inspector he found stuff I would have never thought would have been a problem... Sure you know what you are talking about?
  • Mar 19, 2010, 03:37 AM
    lisaeric0105
    Quote:

    Originally Posted by Fr_Chuck View Post
    did you not inspect the house before you leased it ?

    What are the defects, did you give them a list in writing requesting they be fixed ?

    what do you mean "failed county housing code" did you have a county inspector come out and inspect it ?

    I am not an inspector the things he found I would have never thought would be a code violation... Therefore the house is unrentable she knew these things just did not want to spend no more money on it... 10 decects the inspector found... Yes county inspector came out...
  • Mar 19, 2010, 04:15 AM
    ScottGem
    Quote:

    Originally Posted by lisaeric0105 View Post
    No an inspector found the violations..............The house is not up to code therefore should not have rented it out............How am i supposed to know whether a house is up to code or not????????????? I am not an inspector he found stuff i would have never thought would have been a problem...........Sure ya know what you are talking about?

    Yes I know what I'm talking about. For a rental property to be unliveable there had to be some obvious defects. Yes, there are code violations that the layman would not see or realize is an issue. Without seeing these things myself, its hard to tell what a court will decide as to your liability here.

    You stated "we never moved in the property and notified her the next day the house has too many defects". So what changed from one day to another? You stated the inspection came after that point. Therefore, the defects were not enough to stop you from signing the lease. What changed?
  • Mar 19, 2010, 10:25 AM
    lisaeric0105
    Quote:

    Originally Posted by ScottGem View Post
    Yes I know what I'm talking about. For a rental property to be unliveable there had to be some obvious defects. Yes, there are code violations that the layman would not see or realize is an issue. Without seeing these things myself, its hard to tell what a court will decide as to your liability here.

    You stated "we never moved in the property and notified her the next day the house has too many defects". So what changed from one day to another? You stated the inspection came after that point. Therefore, the defects were not enough to stop you from signing the lease. What changed?

    What changed well the fact that she had no electric on in the property and we could not see all the things and I just had a real bad feeling about it the next day... We told her we just wanted a few carpets replaced and really did not complain about anything else and she refused to do that... So the list she got is from the County inspector of repairs needed it is electrical wiring outside, among others 10 things total I am living elsewhere have been for 3 yrs I do not think we should have a right to reject that property she has been untruthful to us and very ignorant never willing to work things out and have not heard from her at all so she does not intend to us living there so break my lease and give me my money back we have written to her with no replies since March 16th... She is cheap and a slumlord.
  • Mar 19, 2010, 10:27 AM
    lisaeric0105
    Quote:

    Originally Posted by lisaeric0105 View Post
    What changed well the fact that she had no electric on in the property and we could not see all the things and I just had a real bad feeling about it the next day......We told her we just wanted a few carpets replaced and really did not complain about anything else and she refused to do that .....So the list she got is from the County inspector of repairs needed it is electrical wiring outside, among others 10 things total I am living elsewhere have been for 3 yrs I do not think we should have a right to reject that property she has been untruthful to us and very ignorant never willing to work things out and have not heard from her at all so she does not intend to us living there so break my lease and give me my money back we have written to her with no replies since March 16th.........She is cheap and a slumlord.


    I mean I think we should have a reason to reject that property... Heck if she fixes it changes our lease date and start fresh maybe not an issue but not even an offer from her to do so...
  • Mar 19, 2010, 01:51 PM
    ScottGem
    Quote:

    Originally Posted by lisaeric0105 View Post
    What changed well the fact that she had no electric on in the property and we could not see all the things and I just had a real bad feeling about it the next day...

    I don't deny that she may be cheap and a slumlord. But, despite adverse conditions YOU SIGNED THE LEASE. That is what a judge will look at. Once you signed that lease you committed yourself to taking possession. That is how a judge will see it.

    So the proper procedure would have been to move in and then file a list of complaints. Then, if they weren't repaired, you cite the landlord for being in breach.

  • All times are GMT -7. The time now is 01:42 PM.