My heat pump went out this week in the house that I am renting. The repair guy says that the unit is too old with too many problems and isn't serviceable and that the landlord needs to replace the unit. The problem is that he says that it was all improperly done last time (the unit was not appropriately sized for the house and the duct work in the crawl space is laying on the ground because there isn't enough clearance down there, the landlord admitted that they didn't know what they were doing when they last had it installed and paid someone six grand to get the job done eleven years ago). The repair guy said that they won't be able to install a new HVAC because it wouldn't pass inspection until there is excavation done under the house with new duct work installed. In all, he told the landlord that this could be an $8,000-$10,000 job. The landlord then gives me two space heaters for the week and is having second and third opinions with two more companies coming out this week, but she told me that if what the first guy says is true that I will have to move out because the house will not be liveable and that they don't have that much capital available right now to fix it (even though they own half a dozen rental properties in the area). I'm in the middle of a 12-month lease.

If the landlord breaks the lease, what legal action can I take? I know the one time a landlord sold the place I was living in in the past, he gave me cash and money to break the lease (it was like $1000). Now with almost no notice, having to find a new place, pack, take time off of work, and move, it's probably going to cost me $2000-$3000. Please let me know what my rights are and any resources that might be of service. Thanks!

1/21/2014 9:42:00 AM

I'd get out of there before he burns it down for insurance money.

1/21/2014 9:44:32 AM

I would begin by reviewing Chapter 42 of the North Carolina General Statutes:

http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0042

1/21/2014 9:44:43 AM

I thought the landlord would be responsible for paying for your temporary housing while the unit is unlivable or until you can get a new place?

1/21/2014 9:52:21 AM

^^If unable to repair the heat pump, the landlord would be in violation of GS 42-42 (a)(8)(h). Under GS 42-43, my obligation to pay rent is mutually dependent on the landlord's compliance with GS 42-42 (a). GS 42-44 states "Any right or obligation declared by this Chapter is enforceable by civil action, in addition to other remedies of law and in equity." While a little helpful, this still doesn't tell me what recourse I have.

^That would be great, any sources?

1/21/2014 10:02:11 AM

First...start looking for other places. It doesn't sound like you're going to be able to stay in this place too much longer.

Once you find a place, approach your landlord and ask him to pay for moving fees, at least one month's rent at new place, plus any discrepancy in rent at the new place (let's say its $100 extra a month and you WOULD have had 5 months left on your current place...he should pay the difference of $500). Do some research on the landlord tenant law and at least have some back-up laws that you can cite if he starts arguing. And I don't know if your landlord is unreasonable or not...but just try and not be an ass. Don't go in there yelling, screaming, and demanding. Say, "hey man, I know this HVAC thing is putting you in a financial bind, but it sucks for me too and I have to find a new place to live in the middle of most lease terms...so this is going to be difficult."

If he offers to pay moving fees and rent discrepancy and refunds your current rent...I'd take it. You more than likely have a pretty solid legal ground to stand on, but it would be time consuming and a pain in the ass to go through with any of it. I would just make sure you don't lose any money and get out of the house as soon as possible.

1/21/2014 10:11:15 AM

The landlord likely has some options they aren't considering. They just need to take out an equity line on the house to pay for the repairs. They can't do without it, so it just has to be done. An equity line on a 10k repair is going to be something in the neighborhood of $75 a month. If I were them, I'd get it done (charge it on my card if I have to), have an equity line taken out to cover, then up your rent at renewal (tough shit if you don't like it, there is the door

it is likely that a kerosene heater would meet the legal letter of the law. So I think you should do your best to come to an amicable arrangement.

[Edited on January 21, 2014 at 10:27 AM. Reason : .]

1/21/2014 10:16:32 AM

Does giving you two space heaters during a week when temperatures might drop into the single digits while he takes his time getting second and third opinions qualify as providing you with an adequate heating system?

Shit's going to be cold around your place. If the space heaters are wimpy you might want to ask him to put you up in a hotel these next couple days.

1/21/2014 12:07:54 PM

Quote :

"having to find a new place, pack, take time off of work, and move, it's probably going to cost me $2000-$3000."

How's that?

1/21/2014 12:37:46 PM

I gotta come up with two months' rent to move-in somewhere, time and money spent looking and paying application fees, time off of work for my wife and I to find another place, and I'm probably going to have to hire some movers because I have to pack up the whole house and move right away and I don't have enough time to do that right now.

1/21/2014 12:43:44 PM

does the house have a fireplace?

1/21/2014 12:47:19 PM

Quote :

"Quote : "having to find a new place, pack, take time off of work, and move, it's probably going to cost me $2000-$3000." How's that? "

usually any decent place is going to want over $1000 for deposits, more if you have animals, and even more if you have bad credit



also even if you don't hire movers, it takes money and resources (like gas, truck or trailer rental, time off of work, which costs you $ if you are hourly) to move your shit


I don't know where ppl keep getting the idea that moving is not hard or expensive, I get asked all the time why don't I move closer to my new job, I would love to.....it has been nearly impossible to save money with student loans and cruddy credit and the car I just bought to cart my ass to work.

[Edited on January 21, 2014 at 1:32 PM. Reason : .]

1/21/2014 1:29:25 PM

did he not have a deposit on the current place which he will get back?

[Edited on January 21, 2014 at 1:42 PM. Reason : have you talked to a lawyer yet RR? i'd be interested in their take on this...]

1/21/2014 1:41:58 PM

Seriously, this isn't going to be a situation worth getting an lawyer involved with. he only has 6 months left on a lease, and the sum of money he 'might' get from getting a lawyer involved isn't worth the hassle. Best to just sign a document that promises the entire repatriation of his deposit, and maybe $500 for moving expenses, and promising a glowing review for the next landlord. The end. Not worth complicating it any more. It sucks. But they obviously weren't expecting this blow. It wasn't intentionally their fault.

Personally, I find it hard to believe they can't find someone who can service the unit. That is almost unheard of. They likely called some big company that just wants to sell them a new unit and a lot of work and has to follow the letter of the law. Surely they can find an HVAC guy willing to get it running again.

[Edited on January 21, 2014 at 1:49 PM. Reason : .]

1/21/2014 1:46:37 PM

is this in Raleigh?

it sounds a lot like some slumlords I dealt with years ago

1/21/2014 2:07:53 PM

^^yep, I thought exactly the same thing. Sounds like the HVAC contractor trying to sell them a new system.

1/21/2014 2:30:50 PM

Quote :

"this isn't going to be a situation worth getting an lawyer involved with. he only has 6 months left on a lease, and the sum of money he 'might' get from getting a lawyer involved isn't worth the hassle"

I wasn't advising that he pay one, just ask one their opinion. That said we have a couple on here right?

Quote :

"I find it hard to believe they can't find someone who can service the unit. That is almost unheard of"

+1

1/21/2014 2:35:24 PM

http://www.mitsubishicomfort.com/en/consumer/product-solutions/product-showcase

1/22/2014 3:20:25 AM

^yea, it'll definitely cost more than that to outfit the whole house with Mitsubishi mini splits. I would never do that with my rentals.

1/22/2014 8:26:23 AM