Summary
Landlords in North Carolina cannot fine tenants without a specific lease provision. If alarms in an ADA unit are causing disturbances, they may be legally required for safety. Tenants should document incidents, request adjustments, and consult with a local attorney or disability rights organization for further assistance. Contacting the Department of Housing and Urban Development (HUD) may also provide additional guidance.Full Conversation
I’m a tenant in NC
Hello Kishawna, it's good to meet you. Could you please provide more details about your situation as a tenant in North Carolina? Are you facing any specific issues or do you have any questions about tenant rights?
I’m in a handicap unit and it has alarms in the unit. Unfortunately the alarms are easily triggered and goes off from time to time without me noticing. When the alarm goes off it disturbs my neighbors. So I’ve been getting complaints. Is it it legal for for me to be fined for the alarms going off.
Hi Kishawna, in North Carolina:
- Landlords cannot fine tenants without a provision in the lease agreement.
- If the alarms are necessary for your safety, you may not be held responsible for the noise.
Please check your lease agreement for any relevant clauses.
What is a provision
A provision in the context of a lease agreement is a clause or statement within the contract that outlines a specific rule, condition, or arrangement. It can define responsibilities, set terms, or establish penalties for certain actions.
What do I do if I’m fined with disturbing the peace?
Hi Kishawna, if you're fined for disturbing the peace in NC:
- Review your lease agreement for any provisions about noise disturbances.
- Consult with a local attorney for legal advice.
- Consider discussing the issue with your landlord to find a solution.
I’ve discussed the issue with the office/landlord and they are holding me responsible for the alarms going off however there are multiple alarms in the apartment and when I bump into one of them it goes off without me hearing it.
Kishawna, if your landlord insists on holding you responsible:
- Document each alarm incident in detail.
- Request them to fix the alarms or adjust their sensitivity.
- If they refuse, you can seek legal counsel or contact North Carolina's local tenant rights organization for help.
I’ve requested for them to turn the alarm system off however I was told they are unable to because it’s a ADA unit.
Kishawna, if the alarms are part of an ADA unit:
- They might be legally required for your safety.
- If the alarms are causing issues, consult with a disability rights organization or attorney in NC.
- You may also contact the Department of Housing and Urban Development (HUD) for further guidance.
Thank you for all of your help
You're welcome, Kishawna! If you have any more questions in the future, don't hesitate to ask. Best of luck with your situation!