In North Carolina a constructive eviction occurs when a premises becomes uninhabitable. Typically the landlord has taken some action, or failed to take some action, which has made it impossible to live in the premises.
When you rent an apartment, for example, and your heating and air conditioning unit ceases to work, your apartment may become very uncomfortable to live in. You must request that your landlord repair the unit. If your landlord fails to timely and adequately repair the unit, which causes continued residence in the apartment unbearable, you may quit the lease and claim constructive eviction.
For a better understanding of constructive evictions, review NCGS 42-42. In a nutshell, as specified under NCGS 42-42(a)(2), a landlord must “[m]ake all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”
Contact Adkins Law to schedule a consultation concerning landlord tenant law and evictions with a Huntersville landlord tenant lawyer. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Denver, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.