NORTH CAROLINA DISTRICT COURT — SMALL CLAIMS / SUMMARY EJECTMENT

Petition for Rent Escrow — Habitability / Repair and Deduct

Ask the Court to hold rent in escrow due to landlord's failure to maintain habitable premises. You must first notify your landlord and give reasonable time to repair. Statutes: G.S. 42-42, G.S. 42-44, G.S. 42-37.1. Free. No account required.
← FORMVANA NC FORMS VIEW ALL FORMS →
01 ATTORNEY / PARTY INFORMATION
02 CASE INFORMATION
03 HABITABILITY CONDITIONS — SELECT ALL THAT APPLY
04 NOTICE TO LANDLORD — NOTIFICATION HISTORY
05 RENT INFORMATION & RELIEF REQUESTED
Note: Rent withheld for habitability should be placed in a separate escrow/savings account. The Court may consider good-faith deposit of withheld rent as evidence of your intent to pay when conditions are remedied.
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HOW RENT ESCROW WORKS

  • You MUST notify landlord first and give reasonable time to repair before filing
  • Housing code complaint to local inspector significantly strengthens your petition
  • Magistrate can order: repair, rent reduction, or both
  • Rent withheld should be placed in a separate bank account to show good faith
  • Tenant cannot withhold rent for conditions they caused
  • Retaliatory eviction for filing this petition is illegal under G.S. 42-37.1
  • Legal aid assistance strongly recommended for habitability cases

LANDLORD'S DUTIES (G.S. 42-42)

  • Comply with applicable building and housing codes
  • Maintain the dwelling in a fit and habitable condition
  • Keep all common areas safe and in good repair
  • Maintain heating, cooling, plumbing, and electrical systems
  • Provide operable smoke and CO detectors
  • Keep the premises free from pests (if not caused by tenant)

STATUTORY REFERENCE

G.S. 42-42Implied warranty of habitability
G.S. 42-44Rent withholding — habitability
G.S. 42-37.1Retaliatory eviction defense
G.S. 42-39Tenant's right to repair & deduct
G.S. 42-43Tenant's duty of care

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