Landlord Won't Make Repairs in North Carolina: What Can I Do?

What your landlord has to fix

1. 1

   Your landlord must follow local building and housing codes and make all repairs needed to keep your home fit to live in and safe.

   Source:

   1. § 42-42(a)(1), North Carolina General Assembly. Law.
   Tip.

   Take photos of each problem, with the date. Take more if it gets worse.

2. 2

   Your landlord must keep shared areas of the property safe. Your landlord must also keep electrical, plumbing, heating, air conditioning and similar systems in good working order. You must tell your landlord about the problem in writing first, unless it is an emergency.

   Source:

   1. § 42-42(a)(3), North Carolina General Assembly. Law.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

3. 3

   North Carolina law lists urgent dangers your landlord must fix. Examples:

   • Unsafe wiring.
   • No safe drinking water.
   • No working toilet.
   • Broken locks on doors to the outside.
   • No heat that can warm living areas to 65 degrees when it is 20 degrees outside, from November 1 to March 31.

   Your landlord must fix an urgent danger within a reasonable time after learning about it, based on how serious it is.

   Source:

   1. § 42-42(a)(8), North Carolina General Assembly. Law.
4. 4

   Your landlord must give you a working smoke alarm. If your home has a fuel-burning device, a fireplace, or an attached garage, your landlord must give you a working carbon monoxide alarm (gas detector). Once you tell your landlord in writing that an alarm needs fixing, your landlord has 15 days to fix or replace it.

   Source:

   1. § 42-42(a)(5), North Carolina General Assembly. Law.
5. 5

   Even if you moved in knowing about a problem, or you agreed to accept it, your landlord still must fix it under state law. The only time this does not apply is when a city or county government blocks the repair, for up to 6 months.

   Source:

   1. § 42-42(b), North Carolina General Assembly. Law.

Ask in writing

6. 6

   Tell your landlord about a repair problem right away, by phone or in person. Then follow up with a written request, such as a text, email or letter, and keep a copy for yourself.

   Source:

   1. Renting a Home – reporting the problem, North Carolina Department of Justice. A government guide.

Get your home inspected

7. 7

   If your landlord does not fix a problem that puts your safety at risk, or breaks local codes, you can report it. Contact your local building, health, fire or safety inspector. For very bad conditions, an inspector can condemn your home and order everyone to leave.

   Sources:

   1. Our editorial rules.
   2. Renting a Home – code violations, North Carolina Department of Justice. A government guide.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   From Legal Aid of North Carolina.
   Tip.

   If you can pay for it, a private home inspector can check the problems. Their written report and photos help show the conditions.

If it is still not fixed

8. 8

   You may ask your landlord for repairs in good faith, or report a code problem to a government agency. If your landlord tries to evict you within the next 12 months, you can tell the court your landlord is punishing you. This does not apply if you did not pay rent or broke another important part of your lease.

   Source:

   1. § 42-37.1(a), North Carolina General Assembly. Law.
9. 9

   North Carolina law does not let you decide on your own to stop paying rent because your landlord has not made repairs. A court must decide first.

   Sources:

   1. Renting a Home – don't withhold rent, North Carolina Department of Justice. A government guide.
   2. § 42-44(c), North Carolina General Assembly. Law.
10. 10

    You can sue in small claims court (a court for smaller money disputes) before the problem is fixed. You can ask the court to let you hold back future rent to cover the repair costs. This is called rent abatement (a cut in the rent you owe). Do not hold back rent unless the court allows it. You get this money only if you win your case and your landlord pays.

    Sources:

    1. Our editorial rules.
    2. Renting a Home – small claims court, North Carolina Department of Justice. A government guide.
    3. § 42-41, North Carolina General Assembly. Law.
11. 11

    If your landlord does not fix an emergency problem within a reasonable time, you can pay to fix it yourself. Keep every receipt. You can then sue in small claims court to make your landlord pay you back, or to take the cost off your future rent. You get this money only if you win your case and your landlord pays.

    Sources:

    1. Our editorial rules.
    2. Renting a Home – emergency repairs, North Carolina Department of Justice. A government guide.
12. 12

    To win in small claims court, you must prove several things:

    • You have a lease.
    • Your landlord was required by law to fix the problem.
    • You gave written notice, if the law required it.
    • Your landlord did not fix it within a reasonable time.
    • What you paid, or expect to pay, to fix it.
    • The problem lowered your home's rental value.
    Source:

    1. Renting a Home – proof needed, North Carolina Department of Justice. A government guide.