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Durham, NC Public Health Rules: Rodent Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Durham Code § 10-234(g)(3), Infestation
Extermination standard
Prompt, by an accepted method not injurious to human health
Basement openings
Screened or fitted with a device that prevents rodent entry
Owner duty before renting
Eliminate infestations in the structure before leasing
Civil penalty
$300.00 initial, $300.00 monthly, $5,000.00 maximum
Appeal deadline
10 days after service of the administrator's order

Summary

Durham's minimum housing standards require grounds and structures to stay free of insect, vermin and rodent harborage and infestation. Infested structures must be promptly exterminated by an accepted method that is not injurious to human health, followed by precautions against reinfestation. Owners must clear infestations before renting, and basement openings need rodent-proof screens.

(3) Infestation. a. Grounds and structures shall be maintained free of insect vermin, and rodent harborage and infestation. Structures in which insects, vermin, rodents, or their harborage are found shall be promptly exterminated by generally accepted method of extermination that will not be injurious to human health. After elimination of infestations, proper precautions shall be taken to prevent reinfestation. The owner of any structure shall be responsible for elimination of any infestations within the structure prior to renting or leasing the structure. b. Every basement window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).

Full Breakdown

Durham regulates rodents through the property maintenance standards of its housing code, Article III of Chapter 10, at § 10-234(g)(3). The rule has two parts. Paragraph a sets the outcome: grounds and structures must be kept free of insect, vermin and rodent harborage and infestation, and any structure where rodents or their harborage are found must be promptly exterminated by an accepted method of extermination that is not injurious to human health. Once the infestation is eliminated, proper precautions must be taken to prevent reinfestation. Paragraph b sets a physical standard: every basement window used or intended for ventilation, and every other basement opening that could give rodents an entry, must carry a screen or another device that effectively prevents their entrance.

The code also decides who pays for the fix. Under § 10-234(g)(3)a the owner of any structure is responsible for eliminating infestations inside it before renting or leasing it. Under § 10-236(b) the occupant of a single-family dwelling is responsible for eliminating pest infestations on the premises, but when a structural defect caused the infestation the owner is responsible instead. Under § 10-237(f) the owner of a multifamily dwelling with two or more units, and the owner of a rooming house or residency hotel, must exterminate insects, rodents and vermin in every unit and in the shared public areas. That owner duty includes blocking every entry passage with pest-impervious material, removing harborage, paving basements and cellars that touch the soil, and keeping screens or other devices on basement windows.

Durham's housing code administrator enforces these standards through inspections under § 10-239. The administrator can enter dwellings at reasonable times with proper credentials, and a refusal of entry can be overcome through G.S. 15-27.2. The current text of this section was adopted by Ord. No. 16682 on June 15, 2026.

Violations & Fines

Failing to keep a rental free of rodent infestation is a housing code violation enforced by the administrator. Under § 10-241(b), a non-owner-occupant owner who does not comply faces an initial civil penalty of $300.00 plus another $300.00 each month until the dwelling complies, capped at $5,000.00 in cumulative penalties. The city can recover the penalty in a civil action if it goes unpaid 30 days after the first day of noncompliance. An owner can ask the administrator in writing to reduce or cancel a penalty.

Frequently Asked Questions

Who has to pay for rodent extermination in a Durham rental?
It depends on the building type. The owner must clear any infestation before renting under § 10-234(g)(3). In a multifamily building with two or more units or a rooming house, § 10-237(f) puts extermination on the owner, including shared areas. In a single-family home the occupant is responsible under § 10-236(b), unless a structural defect caused the infestation, in which case the owner pays.
Does Durham require screens on basement windows?
Yes. Section 10-234(g)(3)b requires every basement window used or intended for ventilation, and every other basement opening that could give rodents an entry, to be supplied with a screen or another device that effectively prevents their entrance. Owners of multifamily buildings and rooming houses must also provide screens or devices on basement windows under § 10-237(f)(3)c.
What penalty does a Durham landlord face for ignoring a rodent problem?
A landlord who is not living in the dwelling faces a $300.00 civil penalty, then another $300.00 each month until the unit complies, with the total capped at $5,000.00 under § 10-241(b). The city can sue to collect if the penalty is unpaid 30 days after the first day of noncompliance. The owner can request a reduction in writing.
Can an owner appeal a housing order about an infestation?
Yes. Under § 10-240, an owner or other party in interest can appeal the administrator's order to the housing appeals board by filing written notice with the housing code administrator within 10 days after the order is served. Grounds include undue hardship or a claim that the code was wrongly interpreted.
What happens after the rodents are gone?
Extermination is not the end of the duty. Section 10-234(g)(3)a requires proper precautions to prevent reinfestation after the infestation is eliminated. For owners, § 10-237(f)(3) lists the steps: blocking entry passages with pest-impervious material, removing harborage, paving soil-contact basements and cellars, and cleaning away breeding places.

Sources & Official References

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