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What Are Some of My Landlord’s Legal Duties in North Carolina?
Under North Carolina law, all landlords must keep their tenants’ residential premises and common areas safe. Simply put, landlords must do whatever is necessary, including making repairs, to ensure their premises, which they lease to you, are safe and habitable.
According to North Carolina law, your landlord has a “duty” of ordinary care that extends to maintaining all electrical, heating, air conditioning, plumbing, sanitary, ventilating, appliances supplied, etc., to be in sound and working order. If any of these items are not in a reliable and safe condition, then the landlord must repair them promptly, absent any agreement to the contrary.
If landlords do not adhere to their duty of care, they put tenants and their families at serious risk and could be held legally liable.
For example, if their structure contains mold, structural damage, faulty wiring, pest infestations, etc., these unsafe living conditions can cause real harm to the tenant and their family. So, suppose you or a family member has been injured because your landlord neglected necessary repairs or failed to maintain the property. In that case, you needn’t suffer in silence and should seek the professional advice and guidance of a diligent and knowledgeable premises liability lawyer immediately.
This duty of care and responsibility is clearly outlined in North Carolina’s General Statutes § 42-42, which requires landlords to:
- Strictly comply with building and housing codes that materially affect their tenants’ health and safety.
- Keep all their common areas in a safe condition.
- Maintain all electrical, plumbing, sanitary, heating, and other facilities in good and safe working order.
- Provide smoke alarms, carbon monoxide detectors as the law requires, and more.
As a tenant, you must understand that these duties are not optional. Although your lease may state that you, as the tenant, are responsible for specific repairs, landlords cannot legally waive their obligations to ensure the property meets minimum safety and health standards.
For example, if exposed wiring, collapsing ceilings, black mold, broken locks, etc., lead to your injury, the landlord may be held liable under a legal mandate usually called premises liability.
Some Common Unsafe Conditions That Could Lead to a Tenant’s Injury.
As a lessee, unsafe living conditions can take many forms. Some may seem like minor inconveniences, but others can create serious hazards that can endanger you and your family.
The following are just a few of the most common examples of hazards that could cause injury and result in landlord liability:
- Many types of structural hazards – Such as weak flooring, broken stair handrails, and deteriorating balconies, can lead to serious falls.
- Electrical issues – Old and worn wiring, exposed outlets, or improper grounding can cause fires or electrocution.
- Water leaks – Leaking water pipes or roofs can lead to highly toxic mold growth, which can cause severe respiratory problems, including asthma and other debilitating respiratory issues.
- Pest Infestations – Roaches, rats, and other pests not only create unsanitary conditions but can spread serious diseases.
- Inadequate security – Neglected issues such as broken locks, inadequate outdoor lighting, or missing security features can increase the risk of assault or burglary.
- Lack of effective heating or air conditioning—Extreme indoor temperature conditions can be dangerous, especially for the elderly, very young, or medically vulnerable tenants.
So, as a tenant, and under North Carolina law, if you or a family member suffered an injury or illness due to any of these or numerous other neglected conditions, your landlord may be responsible for damages if they were aware, or even should have been aware, of the problem and failed to correct it promptly; the skilled, diligent, and experienced advice of a premises liability lawyer will help you to obtain the compensation you are legally owed.
How Do I, and My Lawyer, Prove Landlord Negligence in North Carolina?
As in any other personal injury case, proving negligence is the key to winning your case and getting the compensation you deserve.
To hold your landlord legally accountable for your injury, the weight is on you, and your lawyer must prove negligence was involved.
There are myriad ways of doing this, but it usually means that you must show the following:
- Your landlord has a legal duty – Remember that all landlords have a legal duty to maintain the property reasonably safe.
- They breached that duty – The landlord failed to correct the issue or warn you about a known hazard.
- Causation – The broken or unsafe condition was directly responsible for your injury.
- You suffered financial damages – Due to this unsafe condition, you suffered measurable financial harm, such as medical bills, lost wages, ongoing medical treatment, pain and suffering, and more.
Proving negligence is always at the core of any premises liability lawsuit, and a well-versed premises liability lawyer’s professional, experienced, and passionate help is mandatory for success.
You must also note that North Carolina follows the doctrine of contributory negligence in all premises liability cases. This means if you, as the tenant, are found to have even the slightest responsibility for your injury, you could be ineligible to receive the compensation you are due; all the more reason to have skilled professional help in drafting and clearly presenting a compelling case to the North Carolina court.
What Types of Damages Could I Recover in an Injury Claim Against My Landlord?
Premises liability cases cover all types of circumstances. Still, if you’ve been injured due to a landlord’s failure to maintain safe living conditions, you may be entitled to recover compensation for your losses.
For example, just a few of the damages you and your lawyer could obtain are:
- All your medical expenses, including hospital visits, prescriptions, rehabilitation, etc.
- Lost work income due to your injury, which has caused you to miss work.
- Pain and suffering you incurred due to physical and mental trauma.
- The costs of relocating you and your family if you were forced to move due to the unsafe conditions.
- Punitive damages would apply in cases of willful misconduct or gross negligence on the part of your landlord and more.
As your well-versed and empathetic lawyer will explain, there are situations where you may be able to withhold rent, terminate your lease, or seek injunctive relief to force the needed repairs to be done; however, these steps must be taken very carefully to avoid legal consequences. Therefore, you must consult a local, experienced premises liability lawyer who thoroughly understands tenant rights and landlord liability under North Carolina law before acting independently.
I’ve Been Injured on Property I Lease; How Should I Proceed?
Injured tenants or their family members often find it challenging to handle premises liability cases independently. In all these cases, much must be legally proven, such as your landlord knew or should have known about the existence of the hazardous condition, proving that your injuries were caused by the landlord’s failure to make the needed repairs, and much more.
The premises liability lawyers at Rowland & Yauger, Attorneys at Law, are deeply rooted in the community. They have over 25 years of experience successfully and passionately helping Asheboro, Carthage, and Moore County residents obtain the full compensation they deserve.
When your landlord fails in their legal duties, and you are injured, they will fight tirelessly to hold them accountable.
Don’t hesitate, as too much is at stake, and call them today in Carthage at (910) 621-2991 or Asheboro at (336) 537-5547 for consultation on your unique case. They will empathetically and diligently review your case, explain all your legal options, and help you take the next legal steps toward justice and due compensation.
