Q: Can I withhold rent from my landlord till he fixes an issue that has been constant for months ?
I moved into my home in February the first day I’ve moved in my roof has been leaking every time it rains heavy or constant my landlord claims every time the spot is patched but then it’s leaking once again. I’ve been paying him since now I’m tired of this spot leaking every time it rains and it’s getting worse.
A:
You can never decide to withhold rent in NC.
What you need to do is ensure that you have made a written request for the repair (email or letter). Then have waited a reasonable amount of time to get it fixed. Then report the landlord to the local housing authority. They have the power to issue a citation for not repairing the problem which is the most effective way to get them to take action.
You can also file a lawsuit for rent abatement, once you have the permission of the court you can reduce your rent until the problem is fixed and can be awarded back rent from the time the problem first occurred.
Be aware that both of these actions will likely result in your lease not being renewed, and it will not be considered a retaliatory eviction.
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