State laws for tenant that never got a lease who has a slumlord (Welcome: month-to-month)

[wolfcatcher03]

I am in need of some advice and possibly being steered in the right direction. My husband and 4 children and myself move into this house under the impression we would be getting a lease. Come to find out that changed once we moved in and paid our money. Since we have lived there the house has fallen apart due to water damage in the walls and floors and ceiling in bathroom. We have already replaced the bathtub fixtures, the one bathroom floor, and have paid to get our air conditioner serviced. The landlord has refused to repair anything in the house. I have pictures of the damages that have happened and that were here when we first moved in here. We have also spent out over $80 in bombs to get rid of roaches that were already here. The trailer we live in is in a trailer park, however the trailer is not owned by the property manager nor by the trailer park owner. Our landlord has not paid any lot rent which he was responsible for, since before we moved in. The trailer park management is petitioning the court that our landlord remove the trailer. My question is how do i report him for being a slumlord so that he may not do this to anyone else again. We have been paying him rent and he is telling everyone he has not received it and he refused to sign receipts. Also what are my rights as a tenant in Harnett County, NC, without a lease but have maintained residence for nearly a year. November makes a year. Please any help would be greatly appreciated. I am also disabled.

[Bpobill]

If it were me I would find a new place to live. I would not want to live in a place that has to be bombed to remove bugs. Especially if I had children.

Did you give him a security deposit, and do you have proof? Do you have a signed lease? If not hopefully it teaches you a lesson to

Always sign a lease prior to moving in.
Send payments via a check so you have proof.
Have proof of your security deposit.

Sounds like you need to move out, and then sue if you need to recover your security deposit.

[ncbeckster]

Since you do not have a lease you would not be breaking it if you moved out early. It sounds like it is time to find better living conditions for you and your family.

It sounds like you have been paying your landlord with cash. So in the future use either a personal check or a money order.

[peperoberto]

Under NC law, you have a month-to-month lease if there is no written lease. Good ole' common law.

1) Do you have any written proof that you have paid the landlord for renting his property? A cancelled check that was deposited by the landlord, or an email that describes your desire to rent the property, or even just written notes from a phone call with the landlord (i.e. you wrote down as you were on the phone "3 br, $850/mo" or anything on scratch paper that was dated).

2) Since it is a manufactured home, you must give 30 days notice in NC, regardless of the length of tenancy.

3) However, the lease may be immediately terminated if the property is deemed untenantable. Has the city/county cited the trailer? If you have proof that the property is untenantable, then you need to send it with a written notice that you are moving out. You must provide 10 days notice.

Always provide written notice, send it certified mail with a return receipt. And, the whole written notice thing only applies if there is a deposit that you want to get back. If you have no deposit on the property, then just start working on finding a new place and leave the second you have it lined up.

It sounds like it is best just to get out of there as soon as you can.

Contact that Harnett County Planning Department (they also handle inspections and permitting) immediately and tell them that the landlord has a house for rent that is in terrible condition. They can legally do an inspection based upon tenant complaint.

Harnett County: Welcome

Also, the Community Development Department may be able to let you know about affordable housing options for folks like yourself: Harnett County: Central Permitting Home

[peaceandquite]

NC landlord/tenant laws favor the landlord. It will cost you money just to bring the person to court. They can bring in a lawyer and the judge will usually favor the landlord. Waste of time fighting Landlords in this state. There's also a law stating that if the person being sued does not show up in court, the whole thing is dismissed.

Best thing is to just leave the rat hole and ask others that are renting and find good landlords that way.