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We have a leaky window in oir bedroombthat lrts in a

Customer Question
We have a leaky...

We have a leaky window in oir bedroombthat lrts in a significan anount of water during flash flood conditions. We made our lanlord aware of this but she shrugged off any responsibity for repairing or replacing the window.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I found a form letter infoming her of thr problem which will be sent out tomorrow morning certified mail. The letter is dated, informs herbof the problem, and asks herbto respond properly.

Lawyer's Assistant: Where is the property located?

North carolina. We are a single family renting a house.

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

At what point amnI charged?

Submitted: 2 months ago.Category: Landlord-Tenant
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5/29/2018
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,839
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

The Landlord is responsible for the repairs pursuant to North Carolina General Statutes Chapter 42 Article 5 Section 42-42. Since the Landlord has ignored your request, you would have to file lawsuit against the Landlord at your local Courthouse pursuant to North Carolina General Statutes Chapter 42 Article 5 Section 42-44 to force the Landlord to make the needed repairs.

You can obtain complaint forms at the Courthouse in the Clerk's Office or online if the Courthouse makes forms available online. Click here to locate your Courthouse.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 2 months ago
I'm confused by your answer as before we take her to court isn't there an intermediate step of hiring our on contactor to complete the work and then deducting this cost from our rent? Also. Is a flooding situation how long does she have to send a contractor before we can hire our own to do the job?
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I can only answer based on the law. There is nothing in the North Carolina General Statutes that gives a Tenant that option: to repair and deduct.

I am sorry that is not what you expected to hear, but I am only the messenger. Kindly review the Statutes that I cited previously. I have posted them below for your convenience:

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-44.pdf

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Customer reply replied 2 months ago
According to the ststutes then if we have an emergency sich as ours which requires immediate attention we have no choice but to pay ourselves. Does this mean the only way to recover our expenses is to take her to court?
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Unfortunately, yes. That is the only remedy provided in North Carolina General Statutes.

Take a few minutes to review the two Sections that I cited to you.

Have a wonderful day,

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