In North Carolina, a landlord’s obligation for providing a habitable living space is primarily governed by NC Gen Stat. § 42-42. This legal requirement, commonly known as the “implied warranty of habitability,” also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Windows/ Doors, Hot/Cold Water, HVAC, Gas, Sanitation Facilities, Stairs/Railings, Smoke/Carbon Monoxide Detector. |
| Time Limit for Repairs | “Reasonable” Amount of Time |
| Tenant Recourse Options |
|
Applicable Dwelling Types in North Carolina
The implied warranty of habitability in North Carolina does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Yes |
| Condos | Not addressed |
| Hotels/Motels | No |
Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.
Landlord Responsibilities in North Carolina
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in North Carolina, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Yes |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Not addressed |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Yes |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Yes |
| Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
| Provide a trash can (for trash pickup services). | Not addressed |
| Ensure that any stairs and railings are safe. | Yes |
| Ensure that all floors are in good condition and safe. | Yes |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Not addressed |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Yes, if required |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | Yes, if required |
Landlords in North Carolina should provide a fit and habitable dwelling unit. It is the landlord’s responsibility to comply with all building and housing codes and make all necessary repairs.
Rodents
Landlords are required to treat rat infestations that are caused by issues with the building, such as large cracks or holes, but they are not required to treat rat infestations caused by the tenant’s actions.
Security
Landlords are required to provide locks on exterior doors and locking mechanisms on all first-floor windows.
Carbon Monoxide and Smoke Alarms
Failure to provide or repair a carbon monoxide or smoke alarm will result in a fine of up to $250 against the landlord.
Smoke alarms should have an Underwriters’ Laboratories, Inc. listing and installed by the standards of the National Fire Protection Association or to the minimum standard of the smoke detectors manufacturer’s instructions.
A landlord must provide at least one carbon monoxide alarm per dwelling unit and shall be Operational Safety and Health Administration (OSHA) approved and certified to the American National Standards Institute/Underwriters Laboratories Standards. The alarms must be installed by the standards of the National Fire protection Association or to the minimum standards of the manufacturer’s instructions.
Landlords are responsible for the repair or replacement of a smoke detector and carbon monoxide alarm within 15 days of written notice from the tenant.
Water/Standing Water/Drainage
Landlords are required to mitigate standing water or drainage problems and repair any leaks that could cause mold or contribute to a mosquito infestation. The landlord who is charging a tenant for water or sewer services must notify the tenant if the water supply exceeds a maximum contaminant level.
Repairs, Recourse & Retaliation in North Carolina
If a rental property is in violation of the implied warranty of habitability in North Carolina, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in North Carolina
North Carolina renters have the right to repairs for issues that affect health and safety, except issues they caused themselves. To exercise their right, the renter must start by notifying the landlord (generally in writing, outside of emergencies). The landlord gets a “reasonable time” after notice to fix the issue.
If the issue isn’t fixed within a reasonable time, the renter can ask a court to order repairs or compensation through a lawsuit, or move out and end the lease (in severe cases that constructively evict). The renter is strictly prohibited from withholding rent or repairing and deducting.
Renter’s Rights if Repairs Aren’t Made in North Carolina
North Carolina renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters have to give the landlord written notice about the issue that needs fixing and wait TIME for the landlord to do repairs.
If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement or get a court order for repairs or compensation. However, the renter usually can’t repair and deduct, or withhold rent. Read More
Landlord Retaliation in North Carolina
It’s illegal for North Carolina landlords to retaliate by attempting eviction against tenants. Tenants get protection when they’ve taken one of the following actions (or benefited from the government giving a citation against the landlord) in the past 12 months:
- Good-faith complaints to the landlord or the government about failure to keep the property up to required standards.
- Participating in a tenant organization.
- Pursuing rights or remedies given by the law or lease.
The law allows exceptions for landlords who have a good-faith reason to evict that isn’t retaliatory. For example, if the landlord shows that the tenant stopped paying rent without legal permission, the landlord can still evict.
