Mold is a very serious issue. It can cause significant health effects or damage to personal property. As part of the obligation to provide and maintain habitable premises, North Carolina requires landlords to respond to complaints of mold in a reasonable period of time depending on the severity of the condition. However, North Carolina takes a markedly different approach to the disclosure of the presence of mold by the landlord to the tenant. No Affirmative Disclosure Obligation Although a landlord may face potential liability, including rent abatement, for failing to respond in a reasonable period of time to complaints of mold, neither federal nor North Carolina statutes create an affirmative…
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Tenant Rights: Have You Been Constructively Evicted?
One month into Adam’s lease he starts to notice maintenance and/or safety issues with the house he is renting. After a rainstorm, Adam finds a few leaks in the ceiling. The windows in his house do not close all the way, and he was electrocuted once when turning on the garage light. He then begins to have respiratory issues and notices mold in the den and bathroom ceilings. Adam notifies his landlord of these problems and the landlord assures Adam the issues will be fixed promptly. Several maintenance professionals come to the house but do nothing significant. Days or weeks pass and, despite repeated assurance from…