Q: If my landlord broke the lease (didn't install smoke detectors until a month after we moved in), can I break the lease?
We told the landlord (in a dated email) that the smoke detectors didn't work when we moved in (Nov 2015) and they didn't install working ones until a month later but the lease states that they must be replaced within 15 days. Now, we want to end our lease a month early, can we argue that they broke the lease then so we can leave early?
A:
Did you provide written notice that smoke detectors weren't working? That's the 15 day period you're talking about in NC Gen. Stat. Section 42-42. 15 days after receipt of written notification.
Here is a list of resources which suggests you might be entitled to rent abatement. http://www.nclamp.gov/media/488984/Rowe-Landlord-Tenant-Outline-Rev-2010.pdf.
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