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Ask Loren Your Own Question
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33114
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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If a rental house has been broken into before, does that

Customer Question

If a rental house has been broken into before, does that come under a material fact the landlord should inform future disclose?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: NC
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No, my nephew just moved into a house from an apartment in a very safe area in Charlotte NC......there less than 2 weeks, the 3 kids were gone for the weekend to come home on Sunday evening to find the storm door broken and yes, things stolen like widescreen TV, college class ring, shoes, clothes, PlayStation and CD's, PC laptop but didn't' touch the Apple laptop (they have good tracking built into them), and the next day when the landlord came to board up the door he informed them the same thing happened about a year ago. So, is that considered a material fact that needed yo be disclosed?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, that's my only question.....thks!
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 10 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Expert:  Loren replied 10 months ago.
Unfortunately, there are no statutes or decisions, of which I am aware, which create a legal obligation requiring mandatory disclosure of a prior break in.
The landlord can not lie about it, if asked directly, but there is no obligation to disclose if no inquiry is made by the perspective tenant.
Expert:  Loren replied 10 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.