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  1. #1
    Join Date
    May 2012

    Default Mold and Unauthorized Lockbox

    My question involves landlord-tenant law in the State of: NC

    Moved in to home 11/11. After a couple weeks landlord states insurance agent is coming by to look at a leak in the roof that was draining into the kitchen. After rain it was creating significant (approx 2 ft wide puddle on tile during average storm). Drywall during rain is soft like I could almost put my finger through it.
    Landlord stated the insurance was going to take care of it. After months I got tired and siliconed a piece of plastic board over area to stop leak from damaging items getting wet.
    Just now (6 months later) he stated a contractor was coming by to fix it. Rather he and some friends came by, fixed the roof and left ceiling as pictured. He continued by approaching my neighbors and calling me an asinine kid (I'm 31, his elder). Slander? He told them I moved a bucket in the attic and thats why it is leaking. I have never even been in the attic. And there was a bucket full of water over my head? Water doesn't evaporate that quickly. What if it broke through the ceiling?
    There is also mold in ceiling in garage. Is this grounds to break my lease under conditions being uninhabitable? He has been aware of damage well over 30 days.

    Continue reading for more:

    The reason I want to leave is he installed a lock box on my door and a sign in my yard. I told him I was not comfortable with that access to my house. The lease states that during the lease that the house is for sale and available to view, but the lockbox is only for last 60 days. He says that being available implies a lockbox because I was only willing to show with 24 hours notice and there will be situations that it is not available.
    The lease states a lockbox is only available for last 60 days, but "lanlord may show the property to prospective buyers for the purpose of resale at any time during this lease". Can I break my lease based on this?

    Thanks for your time.

  2. #2
    Join Date
    Sep 2010

    Default Re: Mold and Unauthorized Lockbox

    Insulting you is not slander.
    You've got no grounds to challenge the lockbox. The lease appears to make that provision.
    What outcome do you want? Do you want out of the lease? Do you want the repairs made?

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Mold and Unauthorized Lockbox

    Are you stating that the roof leak is now fixed?

    Assuming it's a non-toxic strain, a mold stain on the ceiling in the garage is unlikely to have any impact on the habitability of the house. You can get a test kit to determine the type of mold, to see if it is a hazardous variety.

  4. #4
    Join Date
    May 2012

    Default Re: Mold and Unauthorized Lockbox

    The roof leak is now fixed, the ceiling has not been repaired. Since this was an issue he was aware of before I took over the lease is he responsible for giving deduction on rent based on conditions and taking so long to repair?
    The lease make provision for access, but there is a clause for the lock box specifically stating 60 days. Prior to 60 days I have agreed to access with reasonable notice, but no lock box. Can you clarify why you say I have no grounds to challenge lock box?
    I don't want to live in a house with a lock box and a sign in the yard for 6 months. I have issues with security of lock box, can be opened with a hammer in 5 seconds. I also have two large dogs and care for them deeply and don't want to see them handled poorly. I pay premium rent and having people come through my house is an invasion of my privacy. I feel like he is going back on what we signed by installing prior to as discussed, therefore isn't he breaking the lease?

  5. #5
    Join Date
    May 2012

    Default Re: Mold and Unauthorized Lockbox

    bump - please clarify how lock box is acceptable. Thanks.

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