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Apex, NC Rental Property Rules: Repairs & Habitability (2026)

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

Key Facts

Minimum heat required
70°F, 3 ft above floor
Min. window area
10% of habitable floor area
Repair order deadline
Up to 90 days
Enforced by
Code enforcement officer
Appeals go to
Zoning board of adjustment

Summary

Apex's Minimum Housing Code (Town Code Ch. 5, Art. VII) sets fitness standards every rental dwelling must meet, sound structure, working plumbing, heat to at least 70°F, adequate ventilation, and lets the town order repairs or vacate-and-demolish units that fail.

Every dwelling and dwelling unit used for human habitation or held out for use for human habitation shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 5-91 through 5-96. No person shall occupy as owner-occupant or let to another for occupancy or use for human habitation any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 5-91 through 5-96.

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 3).

Full Breakdown

Under Town Code §§ 5-90 through 5-107 (Ch. 5, Art. VII, Housing Code), every dwelling or dwelling unit 'let to another for occupancy' must meet minimum standards: sound structural members, connected plumbing with hot and cold water, heat to at least 70°F measured three feet above the floor, habitable-room windows totaling at least 10% of floor area, insect/rodent screens, and clean shared areas. A code enforcement officer inspects on complaint, can order repairs within 90 days for a 'deteriorated' unit or order a 'dilapidated' unit vacated, closed, and demolished, and may placard it 'unfit for human habitation.' Appeals go to the zoning board of adjustment, then Wake County Superior Court under G.S. 160D-1203 and 160D-1208.

Violations & Fines

Failing to comply with a repair, vacate, or demolition order is unlawful; each day of continued noncompliance, or continued occupancy after a vacate order, is a separate offense under Sec. 5-107.

Frequently Asked Questions

What happens if my Apex rental fails a housing inspection?
The code enforcement officer can order repairs within 90 days for a deteriorated unit, or order a dilapidated unit vacated, closed, and demolished, under Town Code § 5-100.
Does Apex require a minimum rental heating temperature?
Yes: every dwelling must be heated to at least 70°F, measured three feet above the floor, during winter, per Town Code § 5-92(b).

Sources & Official References

Other rules in Apex

All Apex rules

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