Landlord’s Responsibility to Provide Fit Premises

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Landlord’s Responsibility to Provide Fit Premises

Since Henderson Properties opened in 1990, our goal has been to provide the most professional service in the property management industry in the greater Charlotte area.  Our team of Leasing Agents, Rental Property Managers, Assistant Property Managers, Maintenance Technicians and Accounting personnel, consistently strives to make your investment property as profitable as possible.

One of the responsibilities as your investment property manager is to preserve and maintain your investment property. We do this by responding to maintenance requests from residents and by conducting thorough inspections and making repairs to the property when a resident moves out.

By fully complying with the landlord/resident laws, this lessens the liability and reduces the possibility for lawsuits, thus making your rental property more successful and profitable.  It is also our duty as a property management professional to educate you, the landlord, on what is expected of landlords.

The North Carolina General Statute 42-42 governing landlord and resident laws includes the Landlord’s responsibility to provide fit premises. View this statute at http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_42/gs_42-42.html.

Here are a few sections of the statute which support our response to certain situations with your property.

(a)-(2) – Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.

All properties that we manage must be in a fit, safe, and habitable condition.  This means that everything in the home must work, the home must be clean, and there must not be any unsafe conditions in the home prior to us marketing it for rent.  Not only does this comply with the NC General Statutes, it will also ensure that your property is in the best condition possible to attract the best residents possible in the shortest amount of time, and for the highest amount of rent. We also will perform repairs to your property on an as-needed basis to maintain the value of your property and to keep your residents satisfied.

(a)-(8) – Within a reasonable period of time based on the severity of the condition, repair or remedy any imminently dangerous condition on the premises after acquiring actual knowledge or receiving notice of the condition.  Notwithstanding the Landlord’s repair or remedy of any imminently dangerous condition, the Landlord may recover from resident the actual and reasonable cost of repairs that are the fault of the resident.  For the purposes of this subdivision, the term “imminently dangerous condition” means any of the following:

  1. Unsafe wiring
  2. Unsafe flooring or steps
  3. Unsafe ceilings or roofs
  4. Unsafe Chimneys or flues
  5. Lack of potable water
  6. Lack of operable locks on all doors leading to the outside
  7. Broken windows or lack of operable locks on all windows on the ground level
  8. Lack of operable heating facilities capable of heating living areas to 65 degrees Fahrenheit when it is 20 degrees Fahrenheit outside from November 1 through March 31
  9. Lack of an operable toilet
  10. Lack of an operable bathtub or shower
  11. Rat infestation as a result of defects in the structure that make the premises not impervious to rodents
  12. Excessive standing water, sewage or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mosquito infestation or mold

If any of the above conditions should arise at your property, these will be considered emergency situations and we will immediately dispatch our maintenance personnel to remedy the problem.  We have the responsibility to perform repairs to your property to protect your property from further damage and to comply with the General Statutes to remedy or repair the imminently dangerous condition. This protects your property and cares for your residents in a manner that represents excellent customer service.

With Henderson Properties, you can experience stress-free property management services. For more information about our property management services, visit www.HendersonProperties.com or call 704-970-4145.

Shelly Henderson
Shelly Henderson
Shelly calls herself a “Charlottean” because her family has been there since her elementary school days. She serves as Henderson Properties’ co-founder, along with her husband Phil, managing the day-to-day operations, social media branding and leadership development. Her different life experiences, both positive and challenging, earned the title to her first book Starting From Scratch. Shelly has a servant’s heart and leads her company with purpose and passion. She is mom to two sons who continue as young adults to make her heart swell.
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