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Pierce v. Reichard

Court of Appeals of North Carolina
593 S.E.2d 787 (2004)


Facts

Ricky Pierce (plaintiff) owned a house, which he rented to Tammy Reichard (defendant). Soon after Reichard moved into the house, the roof in the living room began to leak. Reichard told Pierce about the leak, and Pierce hired a repair person to fix it. However, the repair did not stop the ceiling from leaking, and debris from the ceiling fell into the house. Water also leaked into one of the bedrooms, causing mold to grow on the carpets and ruin a mattress. Although Pierce later fixed the roof leak, he did not repair any of the water damage inside the house. After arguing over the leaks and other matters, Pierce sued Reichard for summary ejectment, claiming that Reichard had not paid rent. The magistrate found in favor of Pierce. Reichard appealed and filed a counterclaim for unfair and deceptive trade practices and breach of the implied warranty of habitability. The trial court found in favor of Reichard. Pierce appealed.

Rule of Law

Issue

Holding and Reasoning (Hudson, J.)

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