Landlord duties if rent is not paid

[LisaZ]

Originally Posted by Babytarheelz

I've been in the apartment industry for 7 years.....the advice a PP poster gave you is false. You CAN'T withhold any portion of your rent for repairs. I've been to court many a times and never had a judge like to see that one!

Secondly, yes, they can evict you after you miss your payment. In NC, the grace period is typically 5 days. Eviction can be, and typically is, filed on the 11th day. The eviction process in NC takes about 60 days, so the longer a landlord waits to file, the more rent they are out. Most landlords just file as a formality to get the process going, but will accept your rent and drop the case if you're able to pay. Do you know exactly how much you need to pay for them to drop the case? It probably won't just be your rent. I'm sure it will include late fees, court costs, attorney's fees, and your November's rent as well.

As far as the toilet goes, since you do have one working toilet, this isn't considered an immediate maintenance need, but it should be taken care of nonetheless. I suggest calling and getting an update from the maintenance supervisor. Perhaps they know what the problem is, but they're waiting on a part or something. Who knows. But he'll be able to tell you and let you know when you can expect it be fixed.

For what it's worth, I know which community you live in and I say move when your lease is up. I've seen many tenants get screwed there because their owner defaults on the mortgage, the apartment gets foreclosed, and the tenant is forced to quickly move out, even having paid the rent the entire time. Find yourself a "normal" apartment community with a single owner and professional management company. Althought your recent eviction filing will be challenging because it will now show up on your credit, dropped or not. But hopefully you can find some company who will understand and be willing to take you.

Good luck!

You commented on something I have recently heard about on the news. People are being evicted from rentals because even though they are paying their rent on time every month, the owner is not paying the mortgage. How can a renter ensure they are not in one of those homes?

[Babytarheelz]

Unfortunately, if you're renting a property that has a single owner, you're at risk. Even if you go through a reputable management company, they don't own the property, so they have no control over what the owner does with his/her finances. This is the case for virtually all rental homes and townhomes and even a handful of apartments in the area. Unfortunately, there's absolutely no way to protect yourself from being a victim in this circumstance except to avoid renting own of these properties. With the housing crisis right now, the best thing you can do is stick to renting from a traditional apartment community where there is one entity that owns every unit. If they were to suffer financial hardships, the entire community would just be sold, which wouldn't affect your lease.

[LisaZ]

My thought was to put wording in the rental agreement that suggests that the renter can get proof of monthly mortgage payment by the owner. The landlord has the right get all the financial security they need from the renter along with financial records, verifying salary/employment etc., so I don't see that in this economy that would be unreasonable.

[saturnfan]

Originally Posted by LisaZ

My thought was to put wording in the rental agreement that suggests that the renter can get proof of monthly mortgage payment by the owner. The landlord has the right get all the financial security they need from the renter along with financial records, verifying salary/employment etc., so I don't see that in this economy that would be unreasonable.

You might try.

[MI-Roger]

Originally Posted by MikeJaquish

Got it.

You might call the Raleigh Housing folks
Minimum housing code enforcement 919-807-5110

Ask them about the issue, but regardless, I think you have to pay the rent.

Typically the renter is obligated to show good faith to pay. And the landlord is obligated to show good faith to repair.

Even though they have failed to fix the problem, their two service calls in an attempt to fix your toilet currently places them in better standing.

Another solution, although check with the Raleigh Housing folks first, is to hire your own plumber/drain cleaner company to fix the problem, then deduct that amount from the rent. You have already given them fair opportunity to correct the problem. You shouldn't have to go without an operable toilet for very long.

[RDUBiker]

Originally Posted by Babytarheelz

Unfortunately, if you're renting a property that has a single owner, you're at risk. Even if you go through a reputable management company, they don't own the property, so they have no control over what the owner does with his/her finances. This is the case for virtually all rental homes and townhomes and even a handful of apartments in the area. Unfortunately, there's absolutely no way to protect yourself from being a victim in this circumstance except to avoid renting own of these properties. With the housing crisis right now, the best thing you can do is stick to renting from a traditional apartment community where there is one entity that owns every unit. If they were to suffer financial hardships, the entire community would just be sold, which wouldn't affect your lease.

Or from a single-party landlord who either has no financial difficulties or has no mortgage on the property in question