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Withhold Rent:
A tenant cannot unilaterally
withhold rent from a landlord who fails to make required
repairs. However, the landlord and tenant can agree to a
reduction in rent. For example, the landlord may allow the
tenant to pay for repairs to a broken refrigerator, and
then subtract the amount of the bill from the next month's
rent. (The tenant should retain copies of all receipts.)
Another example: The landlord may reduce the rent for a
month during which the tenant could not use one room
because the roof leaked. This type of solution occurs
frequently and should not be overlooked.
Abandonment of Lease:
The lease is a contract
between the landlord and the tenant. The tenant can get
out of the lease only if the lease itself allows the
tenant to do so and the tenant follows the procedures laid
out in the lease. For example, the lease may permit the
tenant to move out simply by giving notice thirty days in
advance.
But there is no law that allows tenants to
abandon any lease just by giving a notice thirty days in
advance.
If the tenant abandons the premises prior to the
expiration of the lease, the tenant will still have to pay
rent every month until the landlord rents the premises to
another tenant or the lease expires. This is called
mitigating damages - the landlord is damaged when you
break the lease until they rerent the unit - for the same
price, more or less.
See also: North
Carolina Small Claims Court
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