Renter reads law wrong and risks eviction

CHARLOTTE, N.C. — Charlotte's housing code talks about your rights when you rent an apartment, but part of the law is so vague, you may read it wrong and get evicted.

Law says: ‘Unlawful … to collect rent’

The housing code says if your apartment has certain code violations, "it is unlawful for the owner to collect rent" until it fixes those violations. It sounds like you get out of paying. But apparently, saying the landlord can't collect rent isn't legally the same thing as saying you don't have to pay rent. You still have to pay, to preserve your legal rights and maybe even avoid eviction.

• CLICK HERE to read the housing code

Not the same as you don't have to ‘pay’ rent

Mike Jenkins, with Charlotte code enforcement, is careful not to give renters "legal" advice, but puts it this way: "[That part of the law] was there for the landlords to put them on notice, if they had these certain violations, they were serious. Tenants read it, they read it just like most people would read it: 'I don't have to pay rent.' And that's not the idea."

City passes on clarifying law, so far

Code enforcement just enforces the law. It would be up to City Council to change the wording. Action 9 asked Mayor Jennifer Roberts and council members if they are interested in clarifying that provision. So far, no one has said yes.

Renter risks eviction

In the meantime, renters, like Shalonda White said they're caught in the middle. She lives in Lake Arbor Apartments in northwest Charlotte. She said she had problems from the time she moved in: rotten counter tops, a faucet coming off, loose cabinet panels, exposed wires on heating equipment and a hole in a wall near the water heater.

"I actually called, called, called, left messages, went down to the office, put in work orders, but still wouldn't get nothing done," she said.

So, last spring, White called code enforcement, which found eight code violations, gave Lake Arbor one month to fix them, and told the complex about the law saying it's illegal to collect rent in the meantime. White says -- and code enforcement confirms -- six months went by and the complex still hadn't fixed all of the problems. It even racked up $2,500 in fines from code enforcement between May and January.

So White thought, legally, she could stop paying rent and she did. Now she could be evicted for not paying.

Apartment complex's response

The company that owns Lake Arbor emailed Action 9, "Thank you for your email and for your request for an interview, which we must respectfully decline. Lake Arbor Apartments is committed to providing quality and affordable housing to all of its residents and meeting its obligations as a landlord under North Carolina law, and while we unequivocally deny any allegations to the contrary, we are unfortunately unable to comment on matters concerning individual residents."

Advice

If you have a problem with your apartment:

1. Ask your landlord to take care of it.
2. If that doesn't work, call code enforcement.
3. If the landlord still doesn't fix the problem, Charlotte residents can call Community Relations to get involved.
4. You may need a lawyer.

But don't stop paying out of protest.

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