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I have no heat and water since Thursday night at my rental apartment, and the rentor is going to fix it on Monday.

Fayetteville, NC |

He refused to fix it over the weekend because he want s to find the cheapest price. He also refuse to put us in the hotel or deduct any rent. Is this right? Does my children and I have stay in this apartment until Monday? He said that he is not going to do anything for us but to replace the heater.what is my right? What do I suppose do now?

Attorney Answers 1


If what you are saying is accurate, then no, your landlord is not treating you fairly. Your rights and your landlord's obligations are set forth in your lease agreement, if any. Regardless, landlords must provide fit and habitable premises. This includes heat in at least one room and running water. You are entitled to an offset of rent for the days you did not have heat, in at least one room, or running water. If your landlord will not cooperate with you, you need to take action. If you can afford to, you should pay for, at a minimum, a consultation with a landlord/tenant lawyer who can inform you of your rights and what action to take. If you cannot afford to speak to a lawyer, you may be able to take your landlord to small claims court and ask the magistrate to grant you an adjustment to the rent. However, do not simply refuse to pay your rent. If you do so, you can, and most likely will, be evicted. Good luck to you.

Fred Amos provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for DWI's. Call 919-803-7208.

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