Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My fiancé has a rental agreement with language that early…

My fiancé has a rental...
My fiancé has a rental agreement with language that early termination would require 60 days notice and two months of rent as compensation. However, the language also says the landlord is responsible for prompt repair of the apartment upon written notification of the items needing repair. Over a month ago the heating unit broke and no attempt has been made to repair the unit. The landlord was notified multiple times that nothing has been fixed and it needs to be fixed. It appears to be a breach by the landlord. Upon further inspection of the agreement I am not seeing any relief to the tenant in the event of breach by the landlord. Under NC law, in the absence of reasonable relief for a tenant, is there any reason the tenant should have to pay the two months termination penalty when the landlord fails to repair the heating unit for the apartment for over 30 days through some of the coldest storms NC had this season?This is the only language I can find about breach by the landlord. "Landlord's Default; Limitation of Remedies and Damages: Until the Tenant notifies the Landlord in writing of an alleged default and affords the Landlord a reasonable time within which to cure, no default by the Landlord in the performance of any of the promises or obligations herein agreed to by him or imposed upon him by law shall constitute a material breach of this lease and the Tenant shall have no right to terminate this lease for any such default or suspend his performance hereunder. In no event and regardless of their duration shall any defective condition of or failure to repair, maintain, or provide any area, fixture or facility used in connection with recreation or recreational activities, including but not limited to swimming pools, club houses, and tennis courts, constitute a material breach of this lease and the Tenant shall have no right to terminate this lease or to suspend his performance hereunder. In any legal action instituted by the Tenant against the Landlord, the Tenant's damages shall be limited to the difference, if any, between the rent reserved in this lease and the reasonable rental value of the Premises, taking into account the Landlord's breach or breaches, and in no event, except in the case of the Landlord's willful or wanton negligence, shall the Tenant collect any consequential or secondary damages resulting from the breach or breaches, including but not limited to the following items: damage or destruction of furniture or other personal property of any kind located in or about the Premises, moving expenses, storage expenses, alternative interim housing expenses, and expenses of locating and procuring alternative housing."
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 1 month ago
Here's the lease agreement.
Answered in 2 minutes by:
3/23/2018
Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Legal Question

I'm sorry to hear about your situation. Give me just few minutes to finish typing up some information for you, thanks!

Ask Your Own Legal Question

Thanks for your patience while I typed up my response!

Based on the information you shared above, your fiance's landlord actually breached the lease when he failed to repair the heat in her rental unit after being given proper notice, in writing.

The law you cited is accurate -- notice needs to be given of the defect, in writing, and the landlord given time to remedy the problem.

It appears your fiance did all of the above.

That means that her landlord's failure to repair the heat, was a material breach of the lease which relieved her of any further liability under the lease.

In other words, she would be able to move out of the apartment, without incurring any early termination penalty at all.

Since the landlord breached his duties under the lease, she is no longer bound by it.

If he still attempts to file an eviction order, or a small claims suit later on for the "defaulted" rent, she should make sure to attend the hearing and contest his claims, by supplying the judge evidence of the heat problem, and the notice that she gave him of if, and his failure to fix it.

This will ensure that she does not get an eviction order entered on record against her, or a civil default judgment entered against her.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thank you. I appreciate this. Have a great weekend!

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Ask Your Own Legal Question
Was this answer helpful?
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Legal
Satisfied Customers: 2,598
2,598 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones 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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
How is the statute of limitations for filing a small claims
How long is the statute of limitations for filing a small claims law suit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm planning to take a service provider to small claims
I'm planning to take a service provider to small claims court - do attys typically get involved in those cases? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
This is regarding a Small Claims filing in Los Angeles. I
This is regarding a Small Claims filing in Los Angeles. I have two questions. We received a letter in the mail regarding a postponement of a court date, however our company has not been served. What s… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,176 satisfied customers
What forms are needed to defend yourself in small claims
What forms are needed to defend yourself in small claims court and counter sue in small claims court? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Would the case number on the plaintiff small claim (that's
Would the case number ***** the plaintiff small claim (that's me now) form SC - 413 be the same case number ***** the original case number ***** by the plaintiff who sued me outside of small claims?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Can a small claims case that was dismissed with predjudice
Can a small claims case that was dismissed with predjudice be vacated? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What's theStatue of limitations for small claims court.
What's theStatue of limitations for small claims court … read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,122 satisfied customers
Question in 2015 a small claims claims case was brought
Question in 2015 a small claims claims case was brought against me.On September 2014 … read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,122 satisfied customers
I was served with a small claims complaint for 1400.
I was served with a small claims complaint for 1400. Claiming services were rendered. I did not sign a contract for services and they were only partially completed. Can I submit a counter claim for ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
Can an attorney represent a plaintiff in small claims court
Can an attorney represent a plaintiff in small claims court in Nevada? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
326 satisfied customers
I lost in small claims and I was the plaintiff. However this
I lost in small claims and I was the plaintiff. However this is a contractor's case and I am the homeowner who is out a lot of money to this person who walked off the job. The judge pro tem stated tha… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Recently my case was dismissed in Small Claims 'cause the
Recently my case was dismissed in Small Claims 'cause the judge was waiting for an appeal decision on brought against my my neighbor for Wind Chimes. I had brought additional charges of purjury that h… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
326 satisfied customers
I need assistance with questions on a small claims suit
I need assistance with questions on a small claims suit involving a auto insurance company… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I recently went to small claims and won the judgement but
i recently went to small claims and won the judgement but the judge awarded to the business of the defendent and dismissed the defendent. There were to claims, one for 5250.00 it was damage to my apar… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
Can a patient sue owner dentist in small claims if
Can a patient sue owner dentist in small claims if incorporated and arbitration was signed. How to dismiss this case?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Small Claims court. I bought a membership in a financial
Small Claims court. I bought a membership in a financial news letter. Do I send the Small Claims complaint to the individual making the recommendations in the news letter or do I send the complaint to… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I recently won a small claims verdict the defendant is
I recently won a small claims verdict the defendant is appealing my hearing is on Friday 3/23 in superior court. My original case was factual and I presented a paper trail and solid witness that I was… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
303 satisfied customers
Rozier an I'm looking for a small claims attorney or lawyer
hi my name is ***** ***** an I'm looking for a small claims attorney or lawyer because I'm trying to get some furniture out of my ex girlfriends apartment that I was living that is in my name an she w… read more
Damien Bosco
Damien Bosco
4,199 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