Johnston County, NC Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Governing sections
- §§ 5-31, 5-61 through 5-67
- State authority
- G.S. 153A-365
- Ceiling height minimum
- 7 feet, half of habitable room
- Owner-occupied exemption cutoff
- June 11, 2001
- Appeal window
- 20 days to appeals board
- Enforcing official
- code official, Chapter 5
Summary
Johnston County Code §§ 5-31 through 5-67 set minimum fitness standards for every dwelling in the county's planning jurisdiction, rented or owner-occupied. Section 5-61 bars anyone from occupying or letting a dwelling that fails the structural, plumbing, heating, electrical, ventilation and sanitation standards in §§ 5-62 through 5-67, adopted under G.S. 153A-365.
Pursuant to G.S. 153A-365, it is hereby declared that there exist in the planning jurisdiction of the county dwellings which are unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accidents, and other calamities; lack of ventilation, light and sanitary facilities; and other conditions rendering such dwellings unsafe or unsanitary, dangerous, and detrimental to the health, safety and otherwise inimical to the welfare of the residents of the county. ... No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 5-62 through 5-67.
Full Breakdown
Section 5-31 finds that dwellings unfit for human habitation because of dilapidation, fire and accident hazards, or inadequate ventilation, light and sanitary facilities threaten health, safety and welfare, and applies the article throughout the county's planning jurisdiction under the authority of G.S. 153A-365. Section 5-61 is the operative habitability rule: no dwelling may be occupied as an owner-occupant home or let to another for occupancy or use as a human habitation unless it meets every minimum standard in §§ 5-62 through 5-67, which reach structural condition (no leaning, rotted or cracked structural members, weathertight roof and walls, safe egress), basic plumbing, heating and electrical service (connection to potable water and approved sewage disposal, a working kitchen sink, lavatory, tub or shower and water closet, heat sufficient for every habitable room, and code-compliant wiring), ventilation (a window or skylight in every habitable room), and safe, sanitary, rodentproof maintenance of foundations, walls, floors, windows and doors.
Section 5-32 states the article's purpose as protecting health, safety and general welfare by setting minimum habitation and property-maintenance standards, while exempting bona fide farm structures, including permitted migrant labor housing. Section 5-33 grandfathers dwellings already owner-occupied as of June 11, 2001, out of these standards except for elderly or disabled owner-occupants who lack capacity to manage their affairs, but that grandfathering ends the moment the property changes ownership after that date; a rental unit, by definition let to a tenant rather than occupied by its owner, gets no such exemption. The county's code official administers the article, inspecting on complaint and enforcing under § 5-68.
Violations & Fines
A landlord who lets a dwelling that fails §§ 5-62 through 5-67's standards violates § 5-61(b). The code official serves written notice of violation under § 5-68(c); if the owner does not comply, the county may sue to restrain, correct or abate the violation or to end the unlawful occupancy, and each day the violation continues after notice is a separate offense. The county may also recover its inspection costs from the violator. A cited owner may appeal to the property maintenance appeals board within 20 days, with further appeal to superior court by writ of certiorari within 30 days of the board's decision.
Frequently Asked Questions
Does Johnston County require rental homes to meet minimum standards?
Are older, owner-occupied homes exempt from these standards?
What can the county do if my landlord won't fix code violations?
Can my landlord appeal a habitability violation notice?
Sources & Official References
Other rules in Johnston County
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