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

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

Key Facts

Minimum principal room
120 square feet
Minimum heat
68°F, three feet above floor
Minimum hot water temp
120°F at fixtures
Enforcing official
Building inspector
Appeal body
Board of Appeals
Penalty
$50-$500 misdemeanor, per day

Summary

Fayetteville's Housing Code sets binding minimums for every dwelling: a 120-square-foot principal room, defined sleeping-room sizes, 68-degree winter heat, and 120-degree hot water at every tub, sink and shower. Sec. 14-39 bars an owner from letting any unit that isn't reasonably clean, sanitary and fit for human occupancy. The building inspector enforces citywide.

Every dwelling unit shall contain the following: A principal room of not less than 120 square feet. ... Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area. ... Every structure for occupancy shall be provided with heating facilities capable of maintaining a minimum room temperature of 68 degrees Fahrenheit (20 degrees Celsius) at a point three feet (914 mm) above the floor and two feet (610 mm) from exterior walls in all habitable rooms at the design temperature. The installation of one or more portable space heaters shall not be used to achieve compliance with this section. ... No owner shall occupy or let to any other occupant, any vacant dwelling unit unless it is reasonably clean, sanitary and fit for human occupancy.

Full Breakdown

Sec. 14-31 requires a principal room of at least 120 square feet, an 80-square-foot kitchen-dining combination, at least 70 square feet in a single-occupant sleeping room (50 square feet per additional occupant 12 or older, 35 for younger), and at least seven feet, six inches of ceiling height over half the floor area in every habitable room. Sec. 14-32 requires window area of at least eight percent of floor area unless six footcandles of artificial light is supplied, plus screened, self-closing exterior doors between May 1 and November 1.

Sec. 14-37 requires water heaters capable of delivering water at not less than 120 degrees Fahrenheit to every tub, shower, lavatory and kitchen sink. Sec. 14-38 requires heating facilities that hold habitable rooms at 68 degrees Fahrenheit measured three feet above the floor and two feet from exterior walls; portable space heaters do not satisfy the requirement. Sec. 14-39 forbids an owner from letting a vacant unit unless it is reasonably clean, sanitary and fit for human occupancy, bars shutting off any required utility except for temporary repairs approved by the building inspector, and makes the owner responsible for furnishing screens and securing vacant buildings. The building inspector (Sec. 14-8) administers the chapter and the board of appeals (Secs. 14-9, 14-10) hears disputes.

Violations & Fines

Sec. 14-7 makes a continuing violation, after notice from the city manager or designee, subject to a civil penalty under the council's Fee Schedule and to prosecution as a misdemeanor with a fine greater than $50.00 but not more than $500.00 under N.C.G.S. 14-4. Each day the condition continues is a separate offense.

Frequently Asked Questions

How warm must a Fayetteville rental be kept?
Sec. 14-38 requires heating facilities capable of maintaining 68 degrees Fahrenheit in habitable rooms, measured three feet above the floor and two feet from exterior walls. Portable space heaters do not count toward compliance, so a landlord must provide a fixed heating system that reaches that temperature at the design outdoor temperature.
Can a landlord shut off the water or power?
No. Sec. 14-39 prohibits an owner, operator or occupant from removing or shutting off any required service, facility or utility except for a temporary interruption necessary for actual repairs, or during an emergency approved by the building inspector. Unapproved shutoffs violate the chapter.
What is the minimum size for a bedroom?
Sec. 14-31 requires at least 70 square feet for a room slept in by one occupant. A room shared by more than one occupant needs 50 square feet for each occupant 12 or older and 35 square feet for each occupant under 12.
Who do I contact to report a habitability problem?
The building inspector under the Development Services function administers Chapter 14. Complaints trigger inspection under the standards in Secs. 14-31 through 14-39, and violations can carry civil penalties plus misdemeanor fines up to $500.00 per day under Sec. 14-7.

Sources & Official References

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