North Carolina General Legal Blog

We have examined many different reasons why landlords and tenants find themselves in the middle of a dispute, whether the disagreements are centered around a rental agreement or they are financial in nature. In this post, we will look into some legal issues related to property damage, which can be a very serious issue for tenants as well as landlords in Raleigh and throughout North Carolina. Whether a tenant is falsely accused of damaging property or a landlord wants to evict or take legal action against a tenant because they have damaged property, this is a serious issue.

From a tenant's perspective, allegations of property damage can be very difficult. It is smart for tenants to protect themselves against false claims of damaging property by signing an agreement with their landlord which details existing damage when they move in. Often, this consists of a move-in checklist documenting visible defects room by room. Later on, if a landlord tries to accuse a tenant of damaging property, they may be able to prove that the damage was already there when they moved in. However, some tenants do not take this measure, and there may be damage that goes unnoticed when such agreements are signed.

Contracts are the lifeblood of contractors in North Carolina, but as with any agreement between two or more parties, there is always the chance that something will go wrong. To protect yourself in case of a breach claim, you may want to consider alternative dispute resolution methods that may keep you out of the courtroom should a problem crop up. At Triangle Law Group, our team is well-versed in construction contracts and ways that contractors can minimize the risk of litigation.

Often, dispute resolution is approached in stages. The American Arbitration Association explains that mediation may be the first step, and possibly the only step, needed to resolve a contract issue. By including a clause that requires mediation, you can ensure that you and the other party have the opportunity to sit down and discuss what went wrong. The mediator is neutral and unbiased and has training in construction contract law and dispute resolution. Therefore, this person (or people, if you choose to have more than one) can guide both parties toward an effective and legal solution. However, the mediator does not impose a solution. You and the other party have to do that.

Out of sight, out of mind certainly doesn't apply to your home's foundation. The foundation is a major component of new home construction. When there are problems with the foundation, solutions are often expensive. Fortunately, many foundational issues provide specific visual cues that should be readily apparent to inhabitants of a home. If you're concerned about the stability of a newly built home, Realtor.com recommends looking for the following signs of a faulty foundation. 

Pressure outside the foundation often causes basement walls to become bowed. Other areas may exhibit cracks, including floors and walls. You might also find that water is easily making its way into your home, which can cause further damage. When a foundation is skewed, windows and doors often stick or fail to close completely. 

If you are like most people here in North Carolina and elsewhere across the country, you want your home to be as energy efficient as possible. Keeping the utility bills down, especially in summer, is a priority. When you asked around, you discovered spray foam insulation. Perhaps your neighbors, friends or family have it in their homes, and they told you that it does what it advertises.

That may be true, but some significant downsides to spray foam insulation exist that could put you and your family at risk. Before you decide to use this type of insulation, you may want to understand the downsides, including the risks to your health.