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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118689
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Just a moment please, north carolina, no, not about this

Customer Question

just a moment please
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: north carolina
JA: Have you talked to a lawyer yet?
Customer: no, not about this situation
JA: Anything else you think the lawyer should know?
Customer: We moved into this house as renters in 2014 from American Homes 4 Rent. We have nothing but problems with them sine actually before we moved in. This situation is very involved but before we moved in, the back yard and one side of the property has no grass and the land consists of red dirt and when it rains it is pure red mud. We received a verbal agreement that grass would be sown and it was sown last year and this year which this year we had to pay part of the cost and they paid part of the cost. Neither time the grass was sown, no grass has grown yet and we are still faced with this problem and they are now saying there is nothing that they are going to do about it again. Our move-in date was supposed to be May 1, 2014, but there was no hot water and they use vendors for repairs when they do do any, and they say they do not see where there was grass seeded by a vendor of their choice. This year I was required to find one on my own and although I accidentally came across one, it was re-seeded again and again not one sprig of grass has grown yet. They refuse to have anything more done about it, but since we are paying rent (and they went up on the rent for this year) on ALL of the property, we feel that we should have access to our back door without swimming in red mud when it rains and even when it is not wet, our shoes and our dog's feet are red from there not being any grass back there. Is there anything that can be done about this? what I have stated is only a small portion of the issues we have and are still having with them. I'm sure you are going to say "well why don't you just move? The answer is simple. I have to have corrective back surgery on July 26 at Duke Medical School hospital which is almost a 4 hour hour drive from where we live which is***** Greensboro, NC 27406 and this is the worst time to try to find a house with me out of town and my husband working 11 hours per day, 7 days a week. We are not in a position to move right now, it's hard enough trying to find someone to take care of our dog while I am in a rehab center after being discharged from the hospital. I could go on and on, but it's just too many horror stories to tell at one time.
JA: OK. The Real Estate Lawyer will need to help you with this. OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they are not providing a habitable premises, then they are in breach of the lease because the lease guarantees you the warranty of habitability. So, if they are making your premises not habitable by refusing to make necessary repairs, you can sue them in court for the cost of making those repairs and you could also sue them to terminate the lease and pay for the cost of the move based on their breaching your lease.
If your only issue is the grass, that is not a habitability issue, the issues of habitability have to interfere with your ability to reside in the home and grass would not be sufficient. So you would have to prove they are not making repairs required to make the home itself habitable in order to sue, but if you have issues regarding the home itself, then you can sue for the breach of lease and get the court to order them to make the necessary repairs.