SHELBY, N.C. — A woman from Shelby says she’s paying rent for a home she can’t stay in because of an unbearable smell.
Channel 9’s Ken Lemon learned the property owner was just hit with multiple violations.
Lemon went into the home on Gold Street and said the smell was overwhelming. It is so strong that Amber Bowen says she can’t stay there.
She is spending the night with friends and still paying rent here, despite the fact that the property owner got hit with a notice of violations.
You can smell it from the front porch the moment the door opens, and the chief code enforcement officer called it a “very pungent” smell of mold.
Bowen said she had enough of that smell almost two weeks ago.
“That’s when I said I just can’t stay here anymore, because I was sleeping in a mask every night since Sept. 19,” Bowen said.
She now sits in her car in the driveway when she’s not working. She said whatever is inside affects her health.
“My throat starts closing up. My ears get real big. I’m itching from the inside out,” Bowen said.
I went inside with a mask and saw what Bowen believes it’s mold in one of the cabinets.
The city of Shelby doesn’t regulate mold, but code enforcement noticed a dip in the bathroom and said the floor appears to sink.
The city gave the property owner three weeks to make the repairs.
The city said it can’t force anyone out of the home right now, but Bowen and her 18-year-old son won’t come back.
“He demanded his rent money,” Bowen said.
Lemon talked by phone with the property owner about the notice of violation.
“I think it’s mostly all false,” said Robert Paul Francis, the property owner.
He told me he has contacted code enforcement, and he is working to fix any problems at this home.
He said he had the home independently tested and had it treated for fungus that is not mold.
“If there is a smell there, I’m guessing it’s from the treatment that was put on there,” Francis said.
He said he wants to resolve this matter and get Bowen and her son back into this home.
“I’m not going to be able to live in my car much longer,” Bowen said.
The property owner has three weeks to make repairs.
The chief code enforcement officer told me it appears he is working with the city to fix the problems.
They have not had previous issues here or any other properties owned by Francis.
Bowen said her challenge is finding a new place to live.
Action 9 attorney Jason Stoogenke wants to make sure you know your rights as a tenant.
Landlords have to address certain issues as quickly as possible, like unsafe wiring, no working toilet, or no heat.
For a problem like a bad smell - you should still ask your landlord to fix it in writing if possible.
You can pay to fix it, but there is no guarantee you get reimbursed.
You can talk to a lawyer or try North Carolina Legal Aid or South Carolina Legal Services.
And Jason says don’t withhold rent out of protest, unless your lawyer tells you to.
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