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

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

Key Facts

Governing article
Ch. 8, Art. V Minimum Housing Standards
Unfitness triggers
Any 1 of 12 listed conditions
Structural threshold
33%+ member deterioration = unfit
Enforcement body
Housing inspector / Town Council

Summary

Cary's Town Council lists specific conditions, structural failure, fire/water damage, blocked exits, and lack of working utilities or smoke detectors, that legally render Wake County housing unfit for human habitation under the Minimum Housing Standards article.

The Town Council hereby finds that existence of any one of the following conditions renders housing unfit for human habitation: ... (5) Dilapidation, decay, unsanitary conditions or disrepair which is dangerous to the health, safety or morals of the occupants or other people in the town; ... (9) Lack of proper electrical, heating or plumbing facilities required by this article which constitute a health or safety hazard;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2023 S-87_S-57: Current through local ordinance 2022-Code-05, passed 11-17-2022 and effective 11-17-2022 | LDO: Current through local ordinance 2022-LDO-04, passed 11-17-22 and effective 11-17-22).

Full Breakdown

Sec. 8-118 sets the town's habitability floor: housing is unfit if it has listing or buckled walls, supporting members with 33% or more deterioration, unsafe floor or roof loads, fire/wind/water damage endangering occupants, blocked or unsafe fire egress, inadequate ventilation, light, heat or sanitary facilities, or a missing operable smoke or carbon monoxide detector. Any one condition triggers unfitness. The inspector documents findings and issues a written order under Sec. 8-129 requiring repair or, for dilapidated housing, demolition.

Violations & Fines

A finding of unfitness leads to a formal Sec. 8-129 order requiring repair within a set deadline; continued unlawful occupancy or dilapidated housing can result in a vacate-and-close or demolition order, town abatement, and a lien against the property.

Frequently Asked Questions

What makes a Cary rental legally 'unfit'?
Any one of 12 listed conditions under Sec. 8-118(c), e.g., structural damage, blocked fire egress, inadequate heat/ventilation, or no operable smoke detector, renders housing unfit for human habitation.
What happens after housing is found unfit?
The inspector issues a written order under Sec. 8-129 requiring repair within a stated deadline, or demolition if the housing is dilapidated beyond economical repair.

Sources & Official References

Other rules in Cary

All Cary rules

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Repairs & Habitability in Nearby Cities

How other cities in Wake County handle repairs & habitability.

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