Raleigh, Durham, Chapel Hill, CaryThe Triangle Area
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There are valid reasons for withholding rent, but I'm certainly not going to say I know what is or isn't legal.
I'm not sure what "valid" means in this context, but there is no legal way for a tenant to withhold rent in NC, unless the tenant obtains a court order allowing him/her to do so.
"North Carolina statute N.C.G.S. 42-44(c) provides that "The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.""
Four mice is hardly an infestation, or a big deal for that matter. No, you can't withhold rent over something so trivial.
They are likely field mice coming in from the outside. Simply trap them in a humane trap then release elsewhere.
If possible, figure out how they are coming in and block the entrance.
The only thing I would be wary of is that they are coming from a neighbor's unit - especially if they are white breeding mice rather than brown field mice. (people breed the white ones for snake food)
Quote:
Originally Posted by Optimistic
I am renting a townhouse in SW Durham and there are mice within the unit.
I have lived here for 17 months and never been late on my rent. I noticed the first mouse last April.
Since then we have caught four more. I complained to my landlord and he sent a pest company who only placed baits. Now I see droppings near the baits. I am not a cat lover nor am I allowed to have them.
The landlord said he needs to check the HOA bylaws in regards to pest control
I just want to live without rodents. Am I obligated to continue paying the rent whilst vermin run freely?
True, but the OP said she's seen 4 mice over the course of nearly a year. That is trivial.
Mouse-size even
They have CAUGHT 4. I would be taking care of it, not panicking, but not tolerating either.
If she is on a crawlspace, it is a good bet they are nesting in the floor insulation, and venturing into the house through penetrations from time to time.
To the OP: When dealing with your apartment management, do not use Forums for legal advice. Surf the state website's info pages on renter's rights. There are valid reasons for withholding rent, but I'm certainly not going to say I know what is or isn't legal.
Read your lease. It will have specifics on how you should notify management. (Email probably is NOT considered 'official', and would not be useful to you if you had to with-hold rent). <snip>
Quote:
Originally Posted by carolinadawg2
I'm not sure what "valid" means in this context, but there is no legal way for a tenant to withhold rent in NC, unless the tenant obtains a court order allowing him/her to do so.
"North Carolina statute N.C.G.S. 42-44(c) provides that "The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.""
Again, before witholding rent (and risk being evicted, credit score damage, & bad re-leasing references), anyone should consult an actual lawyer.
Roy Cooper: North Carolina Attorney General, NC Department of Justice
"LANDLORDS’ MAINTENANCE AND REPAIR DUTIES: YOUR RIGHTS AS A RESIDENTIAL TENANT IN NORTH CAROLINA" "PART EIGHT: DUTY TO COMPLY WITH APPLICABLE LOCAL BUILDING AND HOUSING CODES.
In most North Carolina cities and large towns, landlords have additional duties to maintain the rental premises because of the requirements of local building and housing codes. Failure by the landlord to comply with these codes gives a tenant the right to take legal action under the Residential Rental Agreement Act. These local codes also allow the tenant to seek the help of local authorities who can use their own legal powers to force a landlord to comply with the requirements of the codes. Housing Codes.
Most local building and housing codes contain a long list of maintenance and safety requirements for rental property. Under these codes, owners of such property must provide safe and properly functioning heating and plumbing systems. Heating systems in many communities must be capable of heating every habitable room in a dwelling to at least 65-70 degrees. Most local codes also require that all walls, doors and windows be weather tight. Walls, ceilings and floors must be free of holes, cracks, and peeling paint, according to many local codes. Similarly, most local codes require landlords to rid multi-family (but not necessarily single family) dwellings of infestations of rodents or bugs."
It reads like, in NC, the OP should try the local Housing Inspection department for leverage against the landlord.
Again, before witholding rent (and risk being evicted, credit score damage, & bad re-leasing references), anyone should consult an actual lawyer.
Again, a tenant cannot withhold rent. Consulting an attorney won't change that, and will only be a waste of money. Working with one's local city/county building inspections/neighborhood services office is an appropriate course of action, which is why it's been suggested earlier in this thread.
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