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Old 11-03-2008, 10:44 AM
 
53 posts, read 208,655 times
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I am renting an apartment in the Brier Creek area that is managed by a property management company on behalf of the out of state owner for the past year and a half and this past month ran into a problem paying my rent. I received a notice that I had to appear in court in a week to resolve. I understand that that is standard procedure. I called the office to report a plumbing problem with my bathroom (this is the 5th time in about 2 months. They replaced a part on it a couple of weeks prior and it did not fix the problem) and during the course of the conversation I told the representative that I would pay the rent before we had to court. I live in a 2 BR 2BA apt that the master bathroom toilet will not flush properly. I have to keep the door closed with the fan running to keep the smell down. While I understand I am in default, what is the law regarding making sure that I have a working toilet? I called and left 2 messages with no reponse and when I called and finally got a live person to request a maintennce person be sent. I was told "yes we have a work order, when are you going to pay your rent?"
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Old 11-03-2008, 10:52 AM
 
Location: Cary, NC
40,861 posts, read 70,884,348 times
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Quote:
Originally Posted by ut04257 View Post
I am renting an apartment in the Brier Creek area that is managed by a property management company on behalf of the out of state owner for the past year and a half and this past month ran into a problem paying my rent. I received a notice that I had to appear in court in a week to resolve. I understand that that is standard procedure. I called the office to report a plumbing problem with my bathroom (this is the 5th time in about 2 months. They replaced a part on it a couple of weeks prior and it did not fix the problem) and during the course of the conversation I told the representative that I would pay the rent before we had to court. I live in a 2 BR 2BA apt that the master bathroom toilet will not flush properly. I have to keep the door closed with the fan running to keep the smell down. While I understand I am in default, what is the law regarding making sure that I have a working toilet? I called and left 2 messages with no reponse and when I called and finally got a live person to request a maintennce person be sent. I was told "yes we have a work order, when are you going to pay your rent?"
As far as I know, as a tenant you cannot withhold or reduce the rent under any circumstances of which I am aware, in North Carolina.
That is grounds for eviction, regardless of property condition.

You need to address property condition through other means.
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Old 11-03-2008, 10:55 AM
 
53 posts, read 208,655 times
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I am not withholding the rent for that reason. I just ran short because of other financial things that came up.......
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Old 11-03-2008, 11:12 AM
 
Location: NC
3,244 posts, read 8,147,305 times
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I mean I'm not trying to sound disrespectful, but wouldn't this be like someone coming into your house and then complaining that the toilet is broken and they demand you fix it before they will leave your house? If you're not paying rent then it is not your place to live anymore! I think they would have a right to refuse you service if you are basically living there rent free and you broke your contract with them...no?
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Old 11-03-2008, 11:22 AM
 
Location: Cary, NC
40,861 posts, read 70,884,348 times
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Originally Posted by ut04257 View Post
I am not withholding the rent for that reason. I just ran short because of other financial things that came up.......
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.
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Old 11-03-2008, 11:24 AM
 
53 posts, read 208,655 times
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Thank You Mike Jaquish. I was looking for a Professional response. Thanks so much.
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Old 11-03-2008, 11:25 AM
 
Location: Cary, NC
40,861 posts, read 70,884,348 times
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Originally Posted by ut04257 View Post
Thank You Mike Jaquish. I was looking for a Professional response. Thanks so much.
Good luck!
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Old 11-03-2008, 11:31 AM
 
Location: Durham
862 posts, read 3,418,784 times
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Mike's right. The rent issue and the maintenance issue are separate. If you go to court about the rent, they don't want to hear anything about a plumbing problem. As a side note, in other states you are allowed to legally withhold rent for something like this (actually, the court holds it in escrow). Always check local laws regarding things like this.
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Old 11-03-2008, 02:41 PM
 
9,680 posts, read 26,116,096 times
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I suggest you plan to move when your lease expires.

In my complex and many others, once a summary ejectment is filed, the resident will not be offered a renewal option even if all payments are brought up to date before court. This may also kill your rental reference when you do move.

If the reason is good and a one time issue, you may be able to get a second chance if you request it.

Try to work it out with management. The worse it gets, the worse reference you may receive.

Good luck.
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Old 11-03-2008, 05:38 PM
 
Location: Creedmoor
148 posts, read 654,496 times
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Maybe you not paying your rent has caused your out-of-state owner some financial difficulty, especially if others are not paying, and can not afford repairs?

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