How long does my land lord have to fix a leak?
Last week I notified my land lord about a bad leak. He simply put a tarp on the roof and our carpet...we called a few days later telling him the ceiling was starting to fall apart and he kept telling us to let the rain pass before be can do anything about it (understandable) yesterday I called an told his ceiling tiles were starting to fall an we could see insulation, he called insurance and they came out today an took pictures. After he left the ceiling completely fell down, noticed moldy tiles and insulation everywhere. I called him and he told me he didn't know what to do.I have a five year old and a six month old child, I also have breathing problems. We ended up having to go to a families members house, i have to miss work and my school miss school. This is a health hazard. What Now?
Attorney Dickens' response is clear, straightforward, and perfectly on point. I think two weeks would definitely be a "reasonable time" for the landlord to take all requisite steps to repair the leaking roof/ceiling. The interim negotiation for a discount or temporary alternative housing that Attorney Dickens mentioned is the ideal solution, but if the landlord proves recalcitrant, you still have the remedy of suing for rent abatement, based on habitability issues. My colleague's warning to not unilaterally withhold rent should be heeded, as your liability for rent does not end with the landlord's noncompliance with N.C.G.S. 42-42. I hope that you and an attorney can work something out very soon, hopefully without litigation. All the best.
Generally speaking, landlords have a "reasonable" amount of time to make repairs. However, if the problem is causing damage to the premises, to your property, and/or is creating a serious health concern, then the landlord is required to act immediately to make the necessary repairs.
It is important to remember that you must continue to pay your rent while repairs are being made. If you do not pay rent, you can be evicted. That being said, an attorney may be able to help you negotiate with your landlord for reduced rent, or possibly no rent, while the repairs are being made. Part of those negotiations may also include temporary housing if you cannot stay in the premises while repairs are being made. If your landlord is unwilling to enter such an agreement, NC law provides you the right to file a small claims action against your landlord. You may be entitled to a court order granting you a rent refund for rent already paid, a reduction in future rent until repairs are made, consequential damages (such as storage, temporary housing, or moving expenses), treble damages, court costs, and attorneys' fees.
I suggest that you contact an attorney immediately to ensure that this process is handled correctly. An attorney will be able to review the facts of your situation, help you understand your rights, and help you enforce those rights.
Hope this is helpful!
