Pierce v. Reichard
Court of Appeals of North Carolina
593 S.E.2d 787 (2004)
After tenant Reichard (defendant) reported a leaking roof to landlord Pierce (plaintiff), the repair attempt failed and water damage caused ceiling debris, bedroom mold, and a ruined mattress; Pierce eventually fixed the roof leak itself but never repaired the interior water damage, all while continuing to collect rent. When Pierce sued to evict Reichard for nonpayment, Reichard counterclaimed for unfair and deceptive trade practices and breach of the implied warranty of habitability, and the trial court ruled for Reichard, prompting Pierce's appeal.
Whether a landlord commits an unfair and deceptive trade practice under state law by knowingly failing to repair a rental unit unfit for human habitation while continuing to collect rent.