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  1. #1
    Join Date
    Sep 2018
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    1

    Default Rental Property Maintenance vs. Repair

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

    A contract was signed two years ago with the intention of the tenant leasing the home, with the obligation to purchase at a specific date at the latest.
    The contract states that "any and all maintenance is tenant responsibility". The original idea behind this was that maintenance would include repairs as well.
    I am now wondering if the contract should have stated maintenance as well as repairs, or if there is legally no differentiation in NC.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Maintenance vs. Repair (Nc)

    Well, it’s surely too late to change it so if tested on it, you’ll have to argue it out in court.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Maintenance vs. Repair (Nc)

    The North Carolina landlord tenant statute section 42-42 addresses the landlord's obligations to provide fit premises. Section 42-43 addresses the tenant's obligations with regard to maintaining the dwelling unit.

    Read it:

    https://www2.ncleg.net/Laws/Browse?sChapterNumber=0042

    If there is a dispute about who does what, it would help if you provided details.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Rental Property Maintenance vs. Repair

    If this is a contract for deed / land contract, you may be able to shift those costs to the tenant.

    If it is a lease, whatever "lease to own" issues you home brewed into the document, then you will find that you are legally prevented from shifting all maintenance costs to the tenant.

    If you want to have the contract interpreted to determine its enforceabilty, it will be necessary for the person performing the review to be able to read the document.

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