Buncombe County, NC Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Governing law
- Rental Housing Ordinance Sec. 10-159
- Hot water minimum
- 116 degrees F at fixtures
- Heat minimum
- 68 degrees F at 14 degrees F outside
- Repair deadline
- 120 days for deteriorated dwellings
- Demolition deadline
- 90 days for dilapidated dwellings
- Criminal penalty
- up to $500 fine or 30 days jail
- Civil penalty
- $100 first day, $10 each additional day
Summary
Rental dwellings in unincorporated Buncombe County must meet the minimum standards in Sec. 10-159 of the county's Rental Housing Ordinance: a potable water supply, a working kitchen sink and bathroom fixtures, hot water at not less than 116 degrees F, and heat capable of holding 68 degrees F indoors when it is 14 degrees F outside. An enforcement officer applies these standards to decide whether a dwelling is unfit for human habitation.
Every dwelling shall be furnished with a potable water supply system... Every dwelling shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in good working condition and properly connected to an approved water and sewer system. ... Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature so as to permit hot water to be drawn consecutively... at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 116 degrees F. ... Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms, and bathrooms in every dwelling regulated herein to a temperature of at least 68 degrees F (20 degrees C) at a distance three feet above the floor level, at an outside temperature of 14 degrees Fahrenheit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).
Full Breakdown
The Rental Housing Ordinance, adopted by Ord. No. 98-1-6 on January 20, 1998, sets the baseline every rental unit in the unincorporated county must meet. Beyond hot water and heat, Sec. 10-159 requires adequate electrical service, weathertight windows and doors, sound structural elements, at least 150 square feet of floor space for the first occupant plus 100 square feet per additional occupant, and a smoke detector on every level. An out-of-county owner must name a local agent to accept legal notices (Sec. 10-156), and the owner remains responsible for compliance even after shifting duties to a tenant by lease (Sec.
10-162). Enforcement starts with a complaint to the enforcement officer, who inspects the dwelling and can find it unfit under Sec. 10-158. Under Sec. 10-164, the officer serves a complaint and holds a hearing 10 to 30 days later, or may give the owner up to 90 days to fix violations informally first. A dwelling found deteriorated must be repaired within 120 days; one found dilapidated may be ordered demolished within 90 days. Owners and tenants can appeal an order to the director within ten days, then to a five-member appeals board, and finally to superior court by certiorari within 15 days of the board's decision (Sec. 10-165). Occupying a dwelling posted as unfit for human habitation is itself a separate misdemeanor.
Violations & Fines
Violating any provision of the Rental Housing Ordinance is a misdemeanor punishable by a fine up to $500.00 or up to 30 days in jail, at the court's discretion (Sec. 10-164(h)). A separate civil track applies when an owner ignores a repair, vacate, close, or demolish order: a $100.00 civil penalty on the first day past the deadline, plus $10.00 for each additional day the violation continues, collectible as a debt through civil suit (Sec. 10-164(i)).
Frequently Asked Questions
Does this rule cover rentals inside Asheville too?
How hot must my landlord's hot water be?
What can I do if my landlord ignores a housing violation?
Sources & Official References
Other rules in Buncombe County
Compare Buncombe County to another location·View the North Carolina rental property rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.