Been having issues with well water and filter in rental home for about a year. Constantly changing filters bc of sediment buildup causing low or no pressure and sediment in water when we dont change it within 20 days of putting in a new whole home water filter. I have address this with landlord numerious times on phone and in letter correspondence.
I got tired of water issues and spending the extra money on filters. Lease states we need to change it every 90 days. We are changing them every 10-20 days. So I spent $75 on a company to test water for bacteia and nitrates. Finally got results and they are both positive. I went out and bought bottled water.
Has she been in default of her lease by not addressing water issues? She does have a 10 yr warranty on the well.
Another question is, if she wanta proof should she get it tested herself or pay me for the cost of my results, $75? And how long would you wait for her to resolve issue and would you deduct cost of water from next months rent?
Thanks peeps! 

Sediment buildup is a given with a well.

When did the new well get put in? 

2006. The norm to have to change a whole home filter is 90 days, again, Im changing them every 10-20 days. There is sediment in the filter and about a few inches of buildup on the bottom of the container. 

When did you let the landlord know you were having an issue with sediment from the well? 

September 2012 

And more than a dozen times after that. 

Point is, I broke down and paid for water testing and it came back positive for higher than normal nitrates and bacteria. Its not potable.
Is she in default since ive warned her for over a year and do you think a judge would be in my favor if I prorate the rent for the cost of test, filters, and bottled water if she takes me to court for non payment of full rent?

Also, I have asked her to tell me where the location of the well is and she wont tell me. I live on over an acre of woodded farmland. Could be anywhere. 

I dunno. I would have moved. My landlord sucks about fixing things to. We pay out of pocket for every repair. Why? Because I don't want to move. 

Research putting your rent into escrow.

I just copied a basic link, it just has info you'll probably need to look further for nc laws.

link title 

Jacky, I would fix it,
But i dont know where the well is so I can do so. 

It's not simple to fix the well. The screen in the well head probably is rusted/deteriorated and that's why the sediment is getting into the filters.

Also, to make the water potable, the well needs to be treated with chlorine.

Minimum cost is probably about $1,000.00.

Who performed the water test? 

Well is under earranty. She is kust a lazy beotch. I performed it and it was tested at an environmental lab.
She hates me now. I told her on thursday mornin and got a letter from a lawyer stating he is handling communication and matters between us. No, you idiot, you are not an agent on the lease. I told him to leave me alone. He asked for test results and I told him they would have to ask for them and pay me for it or get someone else to so the test.

Also the fire marshal will come down and look at the filter and well if he can find it, and get a copy of test results. Then he will demand her to fix problem within 15 days or the home will be deemed, uninhabitable. Yea, beeeech suck on that. Every problem we have had with the home has been because of the well or sediment.

She acts like Im ungrateful. I looooove this place, but if I uphold my end of lease and take great care of home that is the least she can do. She hasnt even called a well guy for a free consultation to see whats causing the issue. Lazy.

But, there are hundreds of other properties just as nice, and nicer. I pay $1,000. So ill be now looking for a better place up to $1,700 a month. Maybe those people actually give a crap about their home.

Anywho. Thats what I have done. Thats what happens when you rent from a buncha idiots. 

Why would the fire marshal come and inspect the well and declare the house uninhabitable?

It's the health dept's job to condemn the well.

Only time the fire marshal would get involved is if the home was a fire hazard. Fire depts don't use a home's water to put out a fire. They come with a pumper truck. 

Well thats what i thought, but they told me to call the fire marshall. They deal with building coding n stuff. 

Who told you to call the fire marshal?

If you call, you better be prepared to move immediately.

It's a health issue, not a safety issue. 

Lol moving is not an issue. Neither of us work, plus We have moved so many times....akhem military...we good.

She just needs to get off her pansy arrse and call up her warranty company (I was nice enough to give her that number) and get in contact with a well company to come look and find out whats going on. She had all the time in the world to call up a lawyer bc she cant talk to me, to get him to mail me some crap, telling me he represents them now and send test results to him. That pissed me off. I was just upset, now im irate! Hopefuly her lawyer is smart enough to amend the lease and put him as an agent. Other than that he can kiss my white freckled _____! 

Attorney doesn't need to be on the lease as an agent to handle the matter.

As the owner, she can assign anyone she wants to deal with you. 

Thats not what is stated on our lease. An agent handles matters, and they are the only ones listed as agent. If she wants me to talk to a lawyer then she needs to amend the lease. Otherwise, the only way I would talk to a lawyer is if I defaulted on the lease or if I hire my own lawyer to do the talkin for me. 

Otherwise, the only way I would talk to a lawyer is if I defaulted on the lease or if I hire my own lawyer to do the talkin for me.

If she can't use her lawyer, as "per the lease", then neither can you.
What's good for one is good for the other.

You're just being difficult, as per usual. You either want the issue resolved or you just want to be a PITA.

I can see why your landlord wants to go through her attorney rather than deal with you directly. 

I wanted the issue "looked into" a loooooomg time ago. Since she wanta to be a "PITA" and stress me out, then Im going to be a PITA. Two can play at that game.

Fire marshal came to home and took copies of our documents and they will be mailed to her with a time frame to fix the issue. Then she will for sure be in violation of her lease if she aint already. Find a better place now that I know the area muuuch better than, trying to find this place in 1 day. 

I think you should just move back to Havelock...

;) 

Bagahhahahaa thats funny. NOT! 

So I decided to not pay $200 of rent. If she wants to pay $98 to take me to court then she can. Then Ill file a counter suit for $1,200 for a buncha other crap. This should be fun. If only I could have held rent through AMCC. Liking this civilian crap! 

Why are you withholding $200? 

you know you can't just with hold rent. I mean by the end of her taking you to court, and the judge siding with you, it might all work out, but you're simply not allowed to take it into your own hands. They have things put in place for this type of situation. You can however put it in an escrow with the clerk of courts, and she won't be able to touch it until she handles things to your liking or takes you to cort to have it released and the judge decides, but simply not paying is a bad idea that can backfire. 

Different states, different laws Champ. No escrow here.

Water, filters, test, mail costs constantly reminding her he defaulted and did nothing about it.

I could go after not being able to use appliances that i pay for every month, yadi yadi yadi but Im being real nice.

It would be stupid of her to take me to court for $100. 

Prepare to be evicted...

If you are a renter and your landlord will not make repairs required under specific housing, fire, and health codes and the Residential Rental Agreements Act, DO NOT WITHHOLD RENT PAYMENTS.

North Carolina law does not allow tenants to withhold rent payments in this or any other way, with two exceptions: when the landlord consents to it in writing or when a judge or civil magistrate allows you to withhold rent pursuant to a court order.
 

Dun dun dunnnnn... 

Lol 

Oh this is exciting! Cant wait to see if she files a small claims against my meager $400 rent payment or tries to evict me. This shall be fun for me, a headache for her. Bahahhahahahaaaa