The Tenant Right To Repairs Tip Sheet for North Carolina is here! You must know your tenant rights in order to protect yourself and your family from an unscrupulous landlord. Among a number of other rights, when you pay rent you have a tenant right to repairs. Because some landlords are actually slumlords, it is important that you let your landlord know you understand your tenant rights and are ready to use them. We get that no one wants to read the boring statute or code, so we are giving you state specific Tenant Tip Sheets with the most important parts. If you live in another state and want to move your state up in the process, let us know by leaving a comment with your city and state.

NORTH CAROLINA TIP SHEET

TENANT RIGHT TO REPAIRS

LANDLORD REPAIR OBLIGATIONS

State law requires North Carolina landlords to:

• Comply with all applicable building and housing codes
• Make all repairs and do whatever is necessary to put and keep the premises in fit and habitable condition
• Maintain and promptly repair all electrical, plumbing, HVAC, and other facilities and appliances, provided that, except for emergencies, tenant has given the landlord WRITTEN notice
• Provide operable smoke and carbon monoxide alarms
• Repair any of the following imminently dangerous conditions:
  • Unsafe wiring
  • Unsafe flooring, steps, ceilings, roofs, chimneys, or flues
  • Lack of potable (drinkable) water
  • Lack of operable locks on all entry doors
  • Broken windows or lack of operable locks on ground floor windows
  • Lack of sufficient heat from November 1 through March 31
  • Lack of an operable toilet, bathtub, or shower
  • Rat infestation resulting from defects in the structure
  • Excessive standing water, sewage, or flooding problems that are caused by plumbing leaks or inadequate drainage that contribute to mold or mosquito infestations

NCGS § 42-42 https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_42/gs_42-42.html

TENANT’S RIGHT TO REPAIR AND DEDUCT

(There Is NO Automatic Right to Repair and Deduct and NO Right to Universally Withhold Rent in North Carolina)

Mutuality of obligations

The tenant’s obligation to pay rent under the rental agreement or assignment and to comply with G.S. 42-43 and the landlord’s obligation to comply with G.S. 42-42(a) shall be mutually dependent.

NCGS § 42-41 https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-41.html

General remedies

The tenant may NOT unilaterally withhold rent prior to a judicial determination of a right to do so.

NCGS § 42-44(c) https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_42/gs_42-44.html

That’s it folks – the most important parts of the repair sections of North Carolina’s landlord-tenant laws in a nutshell. When you have a problem with your landlord, knowing what tenant rights you are entitled to by your state’s law and, more importantly, knowing the steps you have to take to enforce those rights is invaluable. If you think you could use additional help in resolving issues with your landlord, check out Our Services at https://protenantagency.fairness4tenants.com/our-services/. If you have effectively used your state’s landlord-tenant laws against your landlord and to enforce your tenant rights, we’d love to hear about it. Leave a comment sharing your experience with us.

We are currently working on Tenant Tip Sheets for other states. Based on earlier responses, we’re currently working on Tip Sheets for Ohio, Georgia, and Illinois. If you’d like your state to move to the top of the list and get its Tip Sheet done earlier, let us know by leaving a comment with your city and state.