Water Damage Tenant Rights

Summary

In North Carolina, landlords must maintain habitable premises. If delayed maintenance caused significant water damage, tenants can file insurance claims and dispute habitability. Document incidents and disturbances, including noise from drying equipment, and consult a local attorney for guidance.

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Hi, I live in Durham, North Carolina.
Hello ****, it's great to meet you. Could you please share more details about the legal issue you are facing in Durham, North Carolina?
Recently, we had a water pipe burst in our apartment leading to * inches of water within the apartment premises. We had called the property maintenance at * pm. They did not arrive until *:*-*:* pm.
Hi ****, I understand your situation. In North Carolina, landlords have a duty to maintain the premises in a habitable condition. Let's clarify a few things:
- Did the delay in maintenance response cause further damage to your property?
- Do you have renter's insurance?
We do have a renter’s insurance. The delay caused the water flow to increase by a lot within the apartment premises. The water extraction wasn’t complete until *:* pm due to which we decided to book hotel room and wanted to file a claim in the renter’s insurance.
Hi ****, you should:
- File a claim with your renter's insurance.
- Document the incident, including the delay in response.
- Contact your landlord and the insurance company.
- Check your insurance policy for "loss of use" coverage.
Remember to keep all receipts related to your hotel stay.
Our property manager’s maintain that the apartment was habitable as they “fixed” the issue by *:* pm
In North Carolina, landlords must ensure properties are habitable. If the property was uninhabitable due to the damage, and you have evidence, you can dispute the landlord's claim. Consult with a local tenant's rights group or attorney for your next steps.
Further, there are currently * fans around the apartment to dry it out. They are extremely noisy and we also have cats, their ears can be sensitive.
In North Carolina, landlords must provide quiet enjoyment. If the fans' noise is disrupting your peace, you may have a case. Consider speaking with a local attorney about this issue. Remember to document all disturbances.