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

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

Key Facts

Required fixtures
Kitchen sink, tub/shower, water closet, all functioning
Bathroom size
At least 30 sq ft of floor space
Minimum heat
68°F, 3 feet above floor, winter conditions
Water supply
Hot and cold water piped to fixtures
Occupancy space
150 sq ft first occupant + 100 sq ft each additional
Unfit trigger
More than 7 violations deems unit unfit, § 16-229(b)

Summary

Wilmington's Minimum Housing Code sets hard numeric floors for any dwelling that's rented or occupied. City Code § 16-266 requires a working kitchen sink, tub or shower and water closet, hot and cold running water, and heat capable of holding at least 68 degrees Fahrenheit, before an owner may occupy or let a unit at all.

Every dwelling unit 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...(2)Same—Location. All required sanitary facilities shall be located within the dwelling unit and shall be accessible to the occupants of same. The water closet, tub or shower, and lavatory in at least one (1) bathroom shall be located in a room affording privacy to the user and such rooms shall have a minimum floor space of thirty (30) square feet...(4)Heating facilities.a.Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit therein to a temperature of at least sixty-eight (68) degrees Fahrenheit at a distance three (3) feet above the floor during ordinary minimum winter conditions.

Full Breakdown

Section 16-266 opens with a blanket bar: "No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit... nor shall any vacant dwelling be permitted to exist" unless it meets the listed equipment standards. Every dwelling unit must 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," with the bathroom fixtures located in a room affording privacy that has at least thirty square feet of floor space. Every unit must have both hot and cold water connected to the kitchen sink, lavatory and tub or shower, supplied through an approved pipe system connected to a potable source.

Heating facilities must be "capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments... to a temperature of at least sixty-eight (68) degrees Fahrenheit at a distance three (3) feet above the floor during ordinary minimum winter conditions," and where no central system is installed, the unit must have fireplaces, chimneys, flues or gas vents sufficient to reach the same 68-degree standard safely. Cooking and heating equipment must be installed to the applicable building, gas or electrical code, and every unit needs an approved garbage disposal facility. Sections 16-267 through 16-271 add related minimums: at least 8 percent of a habitable room's floor area in window light, two safe means of egress with 7-foot ceiling clearance, and 150 square feet of floor space for a first occupant plus 100 more per additional occupant.

Violations & Fines

A residential unit that piles up more than seven separate violations of these minimum standards is deemed unfit for human habitation under § 16-229(b), which triggers the housing inspector's abatement process rather than a simple citation: petition, hearing before the hearing officer, and an order to repair or vacate. Occupying or renting a unit that falls short of § 16-266's equipment standards is independently unlawful, and once a unit is declared unfit, § 16-233(b) bars anyone from renting, offering to rent or occupying it until the defects are corrected.

Frequently Asked Questions

What must a Wilmington rental unit have before it can be occupied?
Under § 16-266, every dwelling unit needs a working kitchen sink, lavatory, tub or shower, and water closet connected to an approved water and sewer system, plus hot and cold running water and heating capable of maintaining at least 68 degrees Fahrenheit during ordinary winter conditions.
What's the minimum heat a Wilmington landlord must provide?
Section 16-266(4) requires heating facilities capable of safely heating every habitable room, bathroom and water closet compartment to at least 68 degrees Fahrenheit, measured three feet above the floor, during ordinary minimum winter conditions. Units without central heat need fireplaces, flues or vents sufficient to reach the same standard.
How many code violations make a Wilmington rental legally unfit?
A dwelling unit is deemed unfit for human habitation once it contains more than seven separate types of violations of the minimum standards, under § 16-229(b). That triggers the housing inspector's formal unfit-determination and abatement process rather than a routine repair citation.
How much floor space does a Wilmington bedroom need?
A sleeping room occupied by one person needs at least 70 square feet of floor space, and a room occupied by more than one person needs at least 50 square feet per occupant, under § 16-270(2). Overall dwelling units need 150 square feet for the first occupant plus 100 more per additional occupant.

Sources & Official References

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