Legal Question in Landlord & Tenant Law in North Carolina

I am renting a house where the air conditioner has been broken since June 3, 2010. I informed the owner on that day. She has came out to look into the unit and had a maintence worker with her, whom stated the compressor has to be replaced. But as of today June 14, the unit has not been fixed. I have not paid the rent due to unable to stay in the house (I have a dog) due to the weather conditions (heat) the past few weeks. Am I wrong for withholding rent until the unit is replaced? I have been staying with friends until the house is liveable.

Asked on 6/14/10, 4:29 pm

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so. You should seek legal advice but witholding rent could subject you to an eviction.

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Answered on 6/15/10, 4:05 am


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