State Specific Question About: NORTH CAROLINA (NC)

I have the following issue with a tenant. I own the property in a LLC and hire a property manager to manage in this city. I will keep it short:

Contacted by City's minium housing inspectors with a long list of problems on one unit a week ago. Nothing previously reported to tenant to us. Call tenant, confirm problems, they do not tell us why problems were not reported to us, tell us they are moving out they don't need anything fixed. Tenant calls back friday and says they are staying, want problems fixed. Met with city inspector today and afterwards a friend (that has a infant) living with tenant let me in (tenant was in another room but would not come out to speak to me, will not answer calls). Inspector is right on everything, some minor things, but at water leak has caused mildew/mold all over a pantry wall and the entire downstairs floor to buckle. Tenant has invited a friend with a infant baby to stay there. I'm concerned with health issues the mildew/mold + infant can cause. Tenant's yearly lease is expired and they are month to month. We are non-renewing but it takes 30-days notice to get them out (which they could fight and extend). I have no idea what to do, I want them out quicker. I can't get them to return a call. Leting them out of lease early, refunding for unused days, getting deposti back, etc is not a problem. I think they may want to expose themselves to health hazzards and try to sue later. I see no other reason they will not move out now, and would not report problems to us. Thanks for advise.

Well, the friend and infant are not on the lease so not your liability, IMO. You can send a letter stating clearly that it was Tenant's duty to call and let you know damage was occurring and repair needed. If your lease states that tenant should inform you of repair that could cause damage, you could let them know that they could be liable for the damages.

Also, the guest with baby is not on the lease, has been there too long, so it's in violation of lease. Post cure and quit if necessary.

Then tell tenant you will release them from the lease and liability for damages if they move w/in 14 days. You can also state that you need to get the work done, and if they hinder the workers, they will be held liable for further damage. AND, make sure the property manager gives 24 hour notice of intent to enter with worker and meets the worker to make sure they get in.

AND, cc/ the inspector on all of this so they know you are doing your best to remedy the situation immediately but tenant might cause hindrance.

you need to terminate the tenancy. It's clear they are in violation of the lease, regardless of what repairs are needed. Work to fix the repairs immediately, and at the same time you need to terminate the tenancy because of the lease violations.

The best you can do is tell them you are going to terminate and offer to pay them $X to move out earlier.

Why wasn't your property manager on top of this? What are they doing about it? Have they been doing inspections?

If unit is really uninhabitable, have the city inspector say that - then tell the tenant they need to move into a hotel (possibly at your expense) while you fix the unit.