Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I have a septic tank smell in my house that has been

Customer Question
I have a septic...

I have a septic tank smell in my house that has been reported to my land lord 4 times. He sent maintance out 1 time however whatever they did, did not fix the issue.

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

NC

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It’s a trailer so in my lease they are the only ones that can work on and fix house issies

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Issues

Submitted: 3 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 minute by:
4/3/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

Ask Your Own Landlord-Tenant Question
Customer reply replied 3 months ago
The property is in N.C. We have not contacted a local attorney
Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about your situation. This appears to be a violation of the implied warranty (promise) of habitability if the septic tank smell has not gone away. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,233
13,233 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I have a septic tank smell in my house that has been
Second opinion] I have a septic tank smell in my house that has been reported to my land lord 4 times. He sent maintance out 1 time however whatever they did, did not fix the issue. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,116 satisfied customers
I have inherited a property via a trust. My farther allowed
I have inherited a property via a trust. My farther allowed a neighbors son to place trailer on our property. The neighbors son mowed some of my fathers farm and charged and was paid for his work. The… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Grandson is leasing a country home. He has been responsible
Grandson is leasing a country home. He has been responsible for pumping out septic tank. Now the old (1930's) drainfield is saturated and it backs up into the septic tank then into the basement. The l… read more
LegalGems
LegalGems
Juris Doctorate
12,498 satisfied customers
I have been at the rental place for 10 months at 8 months
I have been at the rental place for 10 months at 8 months the septic tank need pumping and now he is trying to charge me for saying I caused damages to it $650 and charging me $75 for repair that I di… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,769 satisfied customers
I have refused to pay rent for 2 months because my landlord
i have refused to pay rent for 2 months because my landlord will not address the septic tank issue, which he never done because the property is being rented illegally and fixing the septic tank would … read more
Legal Eagle
Legal Eagle
Lawyer
13,233 satisfied customers
I've been living out here for six month and the land lord is
I've been living out here for six month and the land lord is not doing his job it's stuff that need to be fix and he's not fixing nothing in this trailer he's a slumb lord don't care how's his tentens… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,769 satisfied customers
We have tenants that will be leaving soon. Their lease ends
We have tenants that will be leaving soon. Their lease ends on October 31 and they have given us a 30-day notice to vacate. We have reminded them that they can leave whenever they wish, but they will … read more
LegalGems
LegalGems
Juris Doctorate
12,498 satisfied customers
We signed a monthly rental agreement with our land lord and
We signed a monthly rental agreement with our land lord and gave him a $550 deposit. We are moving and told him 2 months in advance to us leaving. We are paid up until the end of June and will owe for… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Good morning. We have a rental that is directly behind a new
Good morning. We have a rental that is directly behind a new housing tract with about 25 homes and about 25 yards from the tract's waste treatment plant. Our area still uses septic tanks. Our tenants … read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,055 satisfied customers
I am renting this house and the septic system has been bad
I am renting this house and the septic system has been bad for months, wit the landlord knowing. (They have sent inspectors and cleaning crew to empty the contents) They recently told me, in order to … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
In Virginia, who is responsible for emptying the septic tank
In Virginia, who is responsible for emptying the septic tank if nothing is written in the lease? Landlord or tenant?… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
i have had a failed septic now for almost 8 months. land lord
i have had a failed septic now for almost 8 months. land lord has been fined many times been in court and still has not fixed. still has active case with the health dept. last week we raN OUT of gas f… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
I own a home in Georgia and we have it currently leased to
I own a home in Georgia and we have it currently leased to a couple with 4 kids. Last Sunday, I received a text from the tenant that said the plumbing was backing up into the house, including pictures… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I own a bar, but I dont own the property. The land lord has
I own a bar, but I don't own the property. The land lord has been trying to sell the property for the last 3 years. Our lease expired in November 2010, so we on a month to month arrangement. In the ex… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Hello, I own a rental home in Sarasota, Florida. My current
Hello, I own a rental home in Sarasota, Florida. My current tenant's lease began August 1, 2012. There are two problems that have occurred with the house: 1/ A leaky roof over the linai (not the insid… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am leasing a bldg in FL. to be used as a bar. We Have been
I am leasing a bldg in FL. to be used as a bar. We Have been there several months and have found out the septic tank needs to be replaced due to failing inspection. My question is who is responsable f… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I live in Lexington, NC, Davidson County. I bought a house
I live in Lexington, NC, Davidson County. I bought a house here in June 2008. Two separate inspection (independent sources) were conducted as part of the selling and buying. Neither addressed the work… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My landlord refused to have normal maintenance on our house
My landlord refused to have normal maintenance on our house furnace. It caught fire this week and we were able to put out the fire before the propane tank and diesel tank exploded and killed our entir… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x