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Landlord and tenant disputes involving repairs

We have gone into detail on many of the different reasons behind landlord and tenant disputes. In this post, we will examine repairs, which can cause a great deal of friction between landlords and tenants. In some cases, these disputes may become so heated that they lead to eviction, prompt a tenant to voluntarily move out or even result in legal action. Whether you are a landlord or you rent property, it is pivotal to address any disagreement over repairs properly, especially since the consequences of failing to perform or request necessary repairs can be significant.

There are many different factors to take into consideration when it comes to a landlord's responsibility to repair something that has been damaged. For example, a landlord may not be required to make repairs in certain instances, or a tenant may be responsible for damage and they refuse to take corrective action afterward. Sometimes, there is disagreement over a rental agreement and how responsibility for certain damage is to be assigned.

Protecting your business from nonpaying customers

As much as you love your work, the freedom of owning your own company and the satisfaction of a job well done, getting paid is also important to you. When customers delay or fail to pay what they owe, it may create a domino effect of financial trouble. You can't pay for your supplies, your office space, your insurance and your employees. You can't put food on your table or cover your mortgage payments.

When you keep your end of the contract with a North Carolina homeowner or property developer but your client fails to keep his or her end, you are the one who suffers. Now you must use your own time and resources to collect the payment, and this can be even more costly. It may help to know your rights and where you can turn for help with collecting what is rightfully yours.

Disputes over rental property damage

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.

Landlords, tenants and water damage

For landlords as well as tenants, various issues may arise when it comes to a rental, from disagreements over a lease to financial matters such as nonpayment of rent. However, water damage can be particularly challenging for landlords as well as tenants to address, for various reasons. In this post, we will examine some of the challenges associated with water damage in rentals. From heavy rain and hurricanes to a leaky roof or faulty pipe, there are a number of different reasons why water damage may occur in a rental, and it should be addressed appropriately.

There are various factors to consider when it comes to water damage, and every situation is different. For example, a landlord may be responsible for water damage because they failed to fix a leaky roof or repair pipes that have been leaking. On the other hand, a careless tenant may be responsible for water damage because they left the water running for an extended period of time (such as someone who left a sink running before leaving for a vacation). Sometimes, water damage is relatively minimal, while other instances may be so serious that a home is uninhabitable.

Contract clauses that reduce the risk of litigation

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.

The importance of including a force majeure clause

When homeowners or property owners commission a construction project, they often have high expectations. If there are any delays on the project, it is easy for both parties to grow stressed and perhaps even pursue legal action.

However, some delays are out of either parties' control. That is why it is beneficial to include a force majeure clause in the contract. Even though it is impossible to predict what unforeseeable events could delay or inhibit a project, this clause protects construction companies from facing serious accusations of breaching their contract. 

What are some signs of foundation issues?

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. 

What should I look for in a construction manager?

Construction managers are the backbone for projects large and small. To ensure the construction process progresses smoothly and doesn't encounter any significant snags, the manager must be involved in numerous aspects of the job. That's why it's vital that a construction manager has certain characteristics, which greatly increase the chance of success. The Balance explains what you should look for when hiring a construction manager. 

A good construction manager should have knowledge of many different tasks. On any given day, a manager may be faced with a schedule packed full of seemingly diverse duties. This includes working on budgets, inspecting job sites, conferring with engineers, making sure safety measures are taken, hiring subcontractors, and negotiating contracts. Knowledge of these many diverse tasks not only ensures a successful project, it also helps build confidence among other staff.

Improperly applied spray foam insulation could harm your health

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.

What should you consider before buying a rental property?

If you are looking for a way to make some extra income, you may consider buying an investment property. While there may be many potential benefits of owning a rental property, there are also several possible challenges. Before you purchase a rental property in North Carolina, it is essential to understand the relevant practical and financial aspects of being a landlord.

According to CBS News, there are several essential considerations to ponder before becoming a landlord. Managing a rental property may affect your lifestyle and schedule in numerous ways. For example, you may have a dedicate a significant portion of your free time to maintaining your property, interacting with your tenants, and finding new renters. Collecting rent may require you to set up accounts with online payment providers or make trips to your bank to deposit checks. You may also have to understand and follow specific state and federal guidelines for landlords.

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