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Practice Of Real EstateTenant_remediesMEDIUM

A North Carolina broker is advising on a tenant wants to stop paying rent on the tenant’s own decision because the landlord has not repaired a condition. What is the best answer?

Correct Answer

D) The tenant may not unilaterally withhold rent before a judicial determination of a right to do so

G.S. 42-44(c) states that a tenant may not unilaterally withhold rent before a judicial determination of that right. Source basis: North Carolina General Statutes Chapter 42 Article 5, Residential Rental Agreements, checked 2026-04-30: Article 5 applies to dwelling units, defines landlord to include rental management companies/agents, imposes fit-premises duties, tenant duties, smoke/CO alarm rules, victim lock-change rights, and prohibits unilateral rent withholding before judicial determination.

Answer Options
A
The tenant may always stop paying rent immediately after sending one repair text
B
The broker may authorize rent withholding without court involvement
C
The tenant must permanently waive all repair remedies if rent remains current
D
The tenant may not unilaterally withhold rent before a judicial determination of a right to do so

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Related Topics & Key Terms

Related Topics:

landlord tenantproperty managementsecurity depositssummary ejectmentresidential rental agreements

Key Terms:

north carolinalandlord tenanttenant_remediesproperty managementncrec

Related Concepts

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