In the residential landlord-tenant situation, if a tenant feels that the landlord has wronged them or if they feel like the rental property in lacking, the tenant should continue to pay rent. A breach of the lease may have occurred; however, a tenant in North Carolina should only stop payment of rent (in violation of a lease) upon the direction of a Court Order or by a lease amendment with the landlord.
Why is this? North Carolina affords many protections to the tenant: the premises must satisfactorily meet building and health codes, the tenant enjoys quiet enjoyment of the property away from the landlord, the tenant’s security deposit is kept safe, and the tenant can only be ejected from the property by a Summary Ejectment Action and not by a landlord’s “self help eviction.”
However, North Carolina landlord-tenant law would be unbalanced without some protection to the landlord. A judge is more adept to punish a landlord if violations occurred. Moreover, a judge can take a neutral stance between the landlord and tenant to find damages (money to financially repair one side) and whether a tenant’s lease should be amended.
If a tenant submits to the Court (small claims court) for assistance in a rental dispute, the tenant may request many things, such as:
In some circumstances, the tenant may be released from a lease, if the Judge finds adequate grounds that the premises is uninhabitable and would endanger the tenant.
Most important, if the tenant decides to stop paying rent, not upon a Court Order, the tenant may still be obligated to pay the rent remaining on the lease term. It is true that the landlord has a good faith obligation to rent the premises after a tenant breaks a lease, but in the absence or inability to find new renters, the tenant is still obligated to pay up until re-renting has occurred or to the specified end of the lease term (stated in lease).
Although the issue of paying or receiving money may become emotion and stressful, both landlords and tenants should remember to act professional. If assistance is needed, call a local NC licensed attorney.
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The post Rent: Tenants Should Always Pay Unless A Writing States Otherwise appeared first on Fickey Martinez Law Firm.
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