Most places, including North Carolina, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
North Carolina Implied Warranty of Habitability
In North Carolina, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in North Carolina
Note: Check local city/county laws and ordinances for additional requirements. Additionally, landlord and tenant can negotiate separate from the lease, for the tenant to do specific repairs after move-in, as long as the tenant gets compensation and isn’t required to do repairs as a condition of rental.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | No | Only If Provided |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | No | No |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Sometimes |
| Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating & Air Conditioning in North Carolina
North Carolina landlords must provide heating from Nov. 1 to March 31 of every year. The heating has to be able to heat living areas to 65 degrees Fahrenheit when it’s 20 degrees outside. Landlords don’t have to provide air conditioning, but do have to fix it if it’s provided.
Are Landlords Required to Provide Air Filter Replacements in North Carolina?
North Carolina landlords don’t have to replace things like air filters, unless required or supplied heating and ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in North Carolina
North Carolina landlords must keep plumbing in safe working condition. This means at least one working toilet, one working bathtub or shower, and no standing water, sewage, or flooding problems which contribute to mosquito infestation or mold.
In certain cases where the landlord is providing water services directly, the landlord also has to notify the renter when contaminant levels exceed the legal limit.
Are Landlords Required To Provide Hot Water in North Carolina?
North Carolina landlords are not specifically required to provide heated water.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in North Carolina?
North Carolina landlords must fix clogs that keep the plumbing from being in safe working condition. This means the landlord must fix clogs that prevent at least one toilet and bathtub or shower from working, or which create water issues which contribute to mosquito infestation or mold.
Are Landlords in North Carolina Responsible for Fixing Leaks?
North Carolina landlords must fix leaks that keep the plumbing from being in safe working condition. This means the landlord must fix clogs that prevent at least one toilet and bathtub or shower from working, or which create water issues which contribute to mosquito infestation or mold.
Landlord Responsibilities for Kitchen Appliances in North Carolina
North Carolina landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided by the landlord, it’s also the landlord’s job to keep them in good and safe working order.
Landlord Responsibilities for Electrical Issues in North Carolina
North Carolina landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property, especially unsafe wiring.
Are Landlords Responsible for Replacing Light Bulbs in North Carolina?
North Carolina landlords are not responsible for replacing light bulbs or particular light fixtures, except as needed to maintain appliances the landlord has supplied on the property.
Landlord Responsibilities for Garbage Removal in North Carolina
North Carolina landlords have no specific legal responsibility to provide garbage containers or removal services, other than what’s required to keep the property and common areas basically safe and habitable. The law puts the primary responsibility for garbage on the tenant.
Landlord Responsibilities for Landscaping in North Carolina
North Carolina landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in North Carolina
North Carolina landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter created the mold issue, the landlord can make the renter pay for repairs.
Landlord Responsibilities Regarding Pests in North Carolina
North Carolina landlords are responsible for fixing most pest issues the renter didn’t cause. The law specifically makes landlords responsible for avoiding rat and mosquito infestation. However, other pests are also covered if they cause habitability issues, including roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in North Carolina
North Carolina landlords are responsible for making sure windows on the ground level are not broken and lock properly.
Landlord Responsibilities Regarding Safety Devices in North Carolina
North Carolina landlords are responsible for ensuring required smoke alarms and carbon monoxide (CO) detectors are installed and working at the beginning of a tenancy. A landlord must replace a non-working device within 15 days of getting written notification from the tenant.
Are Landlords Responsible for Replacing Batteries of Safety Devices in North Carolina?
North Carolina landlords have no specific responsibility to replace safety device batteries after the beginning of a tenancy. The landlord has to put fresh batteries in required safety devices before the tenant moves in, and the tenant has to provide batteries after that.
Landlord Responsibilities for Doors & Locks in North Carolina
North Carolina landlords are responsible for ensuring all doors that lead to the outside can close and lock securely.
Landlord Responsibilities for Washers and Dryers in North Carolina
North Carolina landlords are not required to furnish their rental properties with a working washer and dryer. However, if provided, it’s the landlord’s responsibility to maintain such appliances.
Renter’s Rights for 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.
Sources
- 1 N.C. Gen. Stat. § 42-42(a)(1) - (a)(4) (2022)
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“The landlord shall: (1) Comply with the current applicable building and housing codes, whether enacted before or after October 1, 1977, to the extent required by the operation of such codes; no new requirement is imposed by this subdivision (a)(1) if a structure is exempt from a current building code. (1a) Comply with all applicable elevator safety requirements in G.S. 143-143.7. (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. (3) Keep all common areas of the premises in safe condition. (4) Maintain in good and safe working order and promptly repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied or required to be supplied by the landlord provided that notification of needed repairs is made to the landlord in writing by the tenant, except in emergency situations.”
Source Link - 2 N.C. Gen. Stat. § 42-42(b) (2022)
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“The landlord is not released of his obligations under any part of this section by the tenant’s explicit or implicit acceptance of the landlord’s failure to provide premises complying with this section, whether done before the lease was made, when it was made, or after it was made, unless a governmental subdivision imposes an impediment to repair for a specific period of time not to exceed six months.”
Source Link - 3 N.C. Gen. Stat. § 42-42(b) (2022)
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“Notwithstanding the provisions of this subsection, the landlord and tenant are not prohibited from making a subsequent written contract wherein the tenant agrees to perform specified work on the premises, provided that said contract is supported by adequate consideration other than the letting of the premises and is not made with the purpose or effect of evading the landlord’s obligations under this Article.”
Source Link - 4 N.C. Gen. Stat. § 42-42(a)(8) (2022)
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“The landlord shall… Within a reasonable period of time based upon the severity of the condition, repair or remedy any imminently dangerous condition on the premises after acquiring actual knowledge or receiving notice of the condition. Notwithstanding the landlord’s repair or remedy of any imminently dangerous condition, the landlord may recover from the tenant the actual and reasonable costs of repairs that are the fault of the tenant.”
Source Link - 5 N.C. Gen. Stat. § 42-42(a)(8)(a) - (a)(8)(l) (2022)
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“For purposes of this subdivision, the term ‘imminently dangerous condition’ means any of the following: a. Unsafe wiring. b. Unsafe flooring or steps. c. Unsafe ceilings or roofs. d. Unsafe chimneys or flues. e. Lack of potable water. f. Lack of operable locks on all doors leading to the outside. g. Broken windows or lack of operable locks on all windows on the ground level. h. Lack of operable heating facilities capable of heating living areas to 65 degrees Fahrenheit when it is 20 degrees Fahrenheit outside from November 1 through March 31. i. Lack of an operable toilet. j. Lack of an operable bathtub or shower. k. Rat infestation as a result of defects in the structure that make the premises not impervious to rodents. l. Excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mosquito infestation or mold.”
Source Link - 6 N.C. Gen. Stat. § 42-42(a)(6) (2022)
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“If the landlord is charging for the cost of providing water or sewer service pursuant to G.S. 42-42.1 and has actual knowledge from either the supplying water system or other reliable source that water being supplied to tenants within the landlord’s property exceeds a maximum contaminant level established pursuant to Article 10 of Chapter 130A of the General Statutes, [he must] provide notice that water being supplied exceeds a maximum contaminant level.”
Source Link - 7 N.C. Gen. Stat. § 42-43(a)(1) - (a)(5) (2022)
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“The tenant shall: (1) Keep that part of the premises that the tenant occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises that the tenant uses. (2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. (3) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits. (4) Not deliberately or negligently destroy, deface, damage, or remove any part of the premises, nor render inoperable the smoke alarm or carbon monoxide alarm provided by the landlord, or knowingly permit any person to do so. (5) Comply with any and all obligations imposed upon the tenant by current applicable building and housing codes.”
Source Link - 8 N.C. Gen. Stat. § 42-42(a)(5) (2022)
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“The landlord shall… Provide operable smoke alarms, either battery-operated or electrical, having an Underwriters’ Laboratories, Inc., listing or other equivalent national testing laboratory approval, and install the smoke alarms in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer’s instructions, which the landlord shall retain or provide as proof of compliance. The landlord shall replace or repair the smoke alarms within 15 days of receipt of notification if the landlord is notified of needed replacement or repairs in writing by the tenant. The landlord shall ensure that a smoke alarm is operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated smoke alarm at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy, except where the smoke alarm is a tamper-resistant, 10-year lithium battery smoke alarm as required by subdivision (5a) of this subsection. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord.”
Source Link - 9 N.C. Gen. Stat. § 42-42(a)(7) (2022)
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“The landlord shall… Provide a minimum of one operable carbon monoxide alarm per rental unit per level, either battery-operated or electrical, that is listed by a nationally recognized testing laboratory… and install the carbon monoxide alarms in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer’s instructions, which the landlord shall retain or provide as proof of compliance. A landlord that installs one carbon monoxide alarm per rental unit per level shall be deemed to be in compliance with standards under this subdivision covering the location and number of alarms. The landlord shall replace or repair the carbon monoxide alarms within 15 days of receipt of notification if the landlord is notified of needed replacement or repairs in writing by the tenant. The landlord shall ensure that a carbon monoxide alarm is operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated carbon monoxide alarm at the beginning of a tenancy, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord…”
Source Link - 10 DiOrio v. Penny, 331 N.C. 726, 729 (N.C. 1992)
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“[I]t is the duty of a landlord to ‘[m]ake all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.’ … However, the statute requires that a landlord must have knowledge, actual or imputed, or be notified, of a hazard’s existence before being held liable in tort.”
Source Link - 11 N.C. Gen. Stat. § 42-44(a) (2022)
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“Any right or obligation declared by this Chapter is enforceable by civil action, in
in addition to other remedies of law and in equity.”
Source Link - 12 Cotton v. Stanley, 86 N.C. App. 534, 537 (N.C. Ct. App. 1987) (internal citations omitted)
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“Tenants may bring an action for breach of the implied warranty of habitability, seeking rent abatement, based on their landlord’s noncompliance with N.C.G.S. Sec. 42-42(a). The rent abatement is calculated as the difference between the fair rental value of the premises if as warranted (i.e., in full compliance with N.C.G.S. 42-42(a)) and the fair rental value of the premises in their unfit condition (‘as is’) plus any special and consequential damages alleged and proved.” Cotton v. Stanley, 86 N.C. App. 534, 537 (N.C. Ct. App. 1987) (internal citations omitted) See also Miller v. C. W. Myers Trading Post, Inc., 85 N.C. App. 362, 368 (N.C. Ct. App. 1987) (“[T]enants are prohibited from unilaterally withholding rent prior to a ‘judicial determination’ of the right to do so, G.S. Sec. 42-44 (c). We construe these provisions to provide an affirmative cause of action to a tenant for recovery of rent paid based on the landlord’s noncompliance with G.S. 42-42 (a).”)
Source Link - 13 Marina Food Assoc. v. Marina Restaurant, Inc., 100 N.C. App. 82, 92 (N.C. Ct. App. 1990) (internal citations omitted)
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“An act of a landlord which deprives his tenant of that beneficial enjoyment of the premises to which he is entitled under his lease, causing the tenant to abandon them, amounts to a constructive eviction. Put another way, when a landlord breaches a duty under the lease which renders the premises untenable, such conduct constitutes constructive eviction. Furthermore, a lease includes the implied covenant of quiet enjoyment. Where a lessee has been constructively evicted, the covenant of quiet enjoyment has also been breached.”
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