North Carolina Statewide Rule
North Carolina Habitability and Repair Standards
Key Facts
- Core duty
- Keep premises fit and habitable (§ 42-42)
- Code compliance
- Building and housing codes required
- Tenant remedy
- Civil action under § 42-44
- Rent withholding
- Only after judicial determination (§ 42-44(c))
- Rent paid to court
- Clerk of superior court on appeal (§ 42-34)
Summary
Under N.C. Gen. Stat. § 42-42, landlords must keep rental premises fit and habitable, comply with building codes, maintain plumbing, electrical, heating and other facilities, and provide working smoke and carbon monoxide alarms. Tenants enforce these duties by civil action, but cannot withhold rent until a court approves it.
(a) The landlord shall: (1) Comply with the current applicable building and housing codes, whether enacted before or after October 1, 1977, to the extent required by the operation of such codes; no new requirement is imposed by this subdivision (a)(1) if a structure is exempt from a current building code. (1a) Comply with all applicable elevator safety requirements in G.S. 143-143.7. (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
Full Breakdown
N.C. Gen. Stat. § 42-42 requires the landlord to comply with applicable building and housing codes and to "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." The landlord must keep common areas safe, maintain electrical, plumbing, sanitary, heating and air-conditioning facilities in good working order, and provide operable smoke and carbon monoxide alarms. Imminently dangerous conditions must be repaired within a reasonable time. Under § 42-44 these duties are enforceable by civil action, but § 42-44(c) states a tenant "may not unilaterally withhold rent prior to a judicial determination of a right to do so."
Violations & Penalties
Tenants may sue for rent abatement, repair costs, or damages under § 42-44. A landlord who fails to maintain fit premises may also face local housing-code enforcement; there is no fixed statutory fine in Chapter 42.
Frequently Asked Questions
Can a North Carolina tenant withhold rent for repairs?
What must a North Carolina landlord repair?
Sources
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