What can I do to protect myself and family for threats by the previous landlord?
Full Question:
I could no longer pay my rent so I told the landlord that I would be out in a couple days which I did. He came to the house in the middle of us packing and moving and stated that I had better replace a mini blind that was broken and he had promised to replace it but never did and the kitchen sink had been leaking and I replaced it and fixed it. There was a hole in the bathroom wall and I had a witness to that when we moved in. Now he's threatening to take me to court over the hole and for not cleaning it . The place was a mess when we moved in and I cleaned it. They had left dog feces on the floor and I cleaned it. He is sending his daughter to my sons school and making threats against me also I am living with my mother in law awaiting my disability approval but he drives by making threats against me. What can I do?
11/14/2007 |
Category: Landlord Tenant |
State: North Carolina |
#12240
Answer:
The following are North Carolina statutes:
§ 42-42. Landlord to provide fit premises.
(a) The landlord shall:
(1) Comply with the current applicable building and housing codes,
whether enacted before or after October 1, 1977, to the extent required
by the operation of such codes; no new requirement is imposed by this
subdivision (a)(1) if a structure is exempt from a current building
code.
(2) Make all repairs and do whatever is necessary to put and keep the
premises in a fit and habitable condition.
(3) Keep all common areas of the premises in safe condition.
(4) Maintain in good and safe working order and promptly repair all
electrical, plumbing, sanitary, heating, ventilating, air conditioning,
and other facilities and appliances supplied or required to be supplied
by the landlord provided that notification of needed repairs is made to
the landlord in writing by the tenant, except in emergency situations.
(5) Provide operable smoke detectors, either battery-operated or
electrical, having an Underwriters' Laboratories, Inc., listing or other
equivalent national testing laboratory approval, and install the smoke
detectors in accordance with either the standards of the National Fire
Protection Association or the minimum protection designated in the
manufacturer's instructions, which the landlord shall retain or provide
as proof of compliance. The landlord shall replace or repair the smoke
detectors within 15 days of receipt of notification if the landlord is
notified of needed replacement or repairs in writing by the tenant. The
landlord shall ensure that a smoke detector is operable and in good
repair at the beginning of each tenancy. Unless the landlord and the
tenant have a written agreement to the contrary, the landlord shall place
new batteries in a battery-operated smoke detector at the beginning of a
tenancy and the tenant shall replace the batteries as needed during the
tenancy. Failure of the tenant to replace the batteries as needed shall
not be considered as negligence on the part of the tenant or the
landlord.
(6) If the landlord is charging for the cost of providing water or
sewer service pursuant to G.S. 42-42.1 and has actual knowledge from
either the supplying water system or other reliable source that water
being supplied to tenants within the landlord's property exceeds a
maximum contaminant level established pursuant to Article 10 of Chapter
130A of the General Statutes, provide notice that water being supplied
exceeds a maximum contaminant level.
(b) The landlord is not released of his obligations under any part of
this section by the tenant's explicit or implicit acceptance of the
landlord's failure to provide premises complying with this section,
whether done before the lease was made, when it was made, or after it was
made, unless a governmental subdivision imposes an impediment to repair
for a specific period of time not to exceed six months. Notwithstanding
the provisions of this subsection, the landlord and tenant are not
prohibited from making a subsequent written contract wherein the tenant
agrees to perform specified work on the premises, provided that said
contract is supported by adequate consideration other than the letting of
the premises and is not made with the purpose or effect of evading the
landlord's obligations under this Article.
§ 42-43. Tenant to maintain dwelling unit.
(a) The tenant shall:
(1) Keep that part of the premises that the tenant occupies and uses as
clean and safe as the conditions of the premises permit and cause no
unsafe or unsanitary conditions in the common areas and remainder of the
premises that the tenant uses.
(2) Dispose of all ashes, rubbish, garbage, and other waste in a clean
and safe manner.
(3) Keep all plumbing fixtures in the dwelling unit or used by the
tenant as clean as their condition permits.
(4) Not deliberately or negligently destroy, deface, damage, or remove
any part of the premises, nor render inoperable the smoke detector
provided by the landlord, or knowingly permit any person to do so.
(5) Comply with any and all obligations imposed upon the tenant by
current applicable building and housing codes.
(6) Be responsible for all damage, defacement, or removal of any
property inside a dwelling unit in the tenant's exclusive control unless
the damage, defacement or removal was due to ordinary wear and tear, acts
of the landlord or the landlord's agent, defective products supplied or
repairs authorized by the landlord, acts of third parties not invitees of
the tenant, or natural forces.
(7) Notify the landlord, in writing, of the need for replacement of or
repairs to a smoke detector. The landlord shall ensure that a smoke
detector is operable and in good repair at the beginning of each
tenancy. Unless the landlord and the tenant have a written agreement to
the contrary, the landlord shall place new batteries in a
battery-operated smoke detector at the beginning of a tenancy and the
tenant shall replace the batteries as needed during the tenancy. Failure
of the tenant to replace the batteries as needed shall not be considered
as negligence on the part of the tenant or the landlord.
(b) The landlord shall notify the tenant in writing of any breaches of
the tenant's obligations under this section except in emergency
situations.
§ 42-44. General remedies, penalties, and limitations.
(a) Any right or obligation declared by this Chapter is enforceable by
civil action, in addition to other remedies of law and in equity.
(a1) If a landlord fails to provide, install, replace, or repair a
smoke detector under the provisions of G.S. 42-42(a)(5) within 30 days of
having received written notice from the tenant or any agent of State or
local government of the landlord's failure to do so, the landlord shall
be responsible for an infraction and shall be subject to a fine of not
more than two hundred fifty dollars ($250.00) for each violation. The
landlord may temporarily disconnect a smoke detector in a dwelling unit
or common area for construction or rehabilitation activities when such
activities are likely to activate the smoke detector or make it
inactive.
(a2) If a smoke detector is disabled or damaged, other than through
actions of the landlord, the landlord's agents, or acts of God, the
tenant shall reimburse the landlord the reasonable and actual cost for
repairing or replacing the smoke detector within 30 days of having
received written notice from the landlord or any agent of State or local
government of the need for the tenant to make such reimbursement. If the
tenant fails to make reimbursement within 30 days, the tenant shall be
responsible for an infraction and subject to a fine of not more than one
hundred dollars ($100.00) for each violation. The tenant may temporarily
disconnect a smoke detector in a dwelling unit to replace the batteries
or when it has been inadvertently activated.
(b) Repealed by Session Laws 1979, c. 820, s. 8.
(c) The tenant may not unilaterally withhold rent prior to a judicial
determination of a right to do so.
(d) A violation of this Article shall not constitute negligence per
se.
§ 42-51. Permitted uses of the deposit.
Security deposits for residential dwelling units shall be permitted
only for the tenant's possible nonpayment of rent and costs for water or
sewer services provided pursuant to G.S. 62-110(g), damage to the
premises, nonfulfillment of rental period, any unpaid bills that become a
lien against the demised property due to the tenant's occupancy, costs of
re-renting the premises after breach by the tenant, costs of removal and
storage of tenant's property after a summary ejectment proceeding or
court costs in connection with terminating a tenancy. The security
deposit shall not exceed an amount equal to two weeks' rent if a tenancy
is week to week, one and one-half months' rent if a tenancy is month to
month, and two months' rent for terms greater than month to month. These
deposits must be fully accounted for by the landlord as set forth in
G.S. 42-52.
§ 42-52. Landlord's obligations.
Upon termination of the tenancy, money held by the landlord as security
may be applied as permitted in G.S. 42-51 or, if not so applied, shall be
refunded to the tenant. In either case the landlord in writing shall
itemize any damage and mail or deliver same to the tenant, together with
the balance of the security deposit, no later than 30 days after
termination of the tenancy and delivery of possession by the tenant. If
the tenant's address is unknown the landlord shall apply the deposit as
permitted in G.S. 42-51 after a period of 30 days and the landlord shall
hold the balance of the deposit for collection by the tenant for at least
six months. The landlord may not withhold as damages part of the security
deposit for conditions that are due to normal wear and tear nor may the
landlord retain an amount from the security deposit which exceeds his
actual damages.
§ 42-55. Remedies.
If the landlord or the landlord's successor in interest fails to
account for and refund the balance of the tenant's security deposit as
required by this Article, the tenant may institute a civil action to
require the accounting of and the recovery of the balance of the
deposit. In addition to other remedies at law and equity, the tenant may
recover damages resulting from noncompliance by the landlord; and upon a
finding by the court that the party against whom judgment is rendered was
in willful noncompliance with this Article, the court may, in its
discretion, allow a reasonable attorney's fee to the duly licensed
attorney representing the prevailing party, such attorney's fee to be
taxed as part of the cost of court.