§ 42-42. Landlord to provide fit premises. - North Carolina Statutes

§ 42‑42.  Landlord toprovide fit premises.

(a)        The landlord shall:

(1)        Comply with thecurrent applicable building and housing codes, whether enacted before or afterOctober 1, 1977, to the extent required by the operation of such codes; no newrequirement is imposed by this subdivision (a)(1) if a structure is exempt froma current building code.

(2)        Make all repairs anddo whatever is necessary to put and keep the premises in a fit and habitablecondition.

(3)        Keep all commonareas of the premises in safe condition.

(4)        Maintain in good andsafe working order and promptly repair all electrical, plumbing, sanitary,heating, ventilating, air conditioning, and other facilities and appliancessupplied or required to be supplied by the landlord provided that notificationof needed repairs is made to the landlord in writing by the tenant, except inemergency situations.

(5)        Provide operablesmoke detectors, either battery‑operated or electrical, having anUnderwriters' Laboratories, Inc., listing or other equivalent national testinglaboratory approval, and install the smoke detectors in accordance with eitherthe standards of the National Fire Protection Association or the minimumprotection designated in the manufacturer's instructions, which the landlordshall retain or provide as proof of compliance. The landlord shall replace orrepair the smoke detectors within 15 days of receipt of notification if thelandlord is notified of needed replacement or repairs in writing by the tenant.The landlord shall ensure that a smoke detector is operable and in good repairat the beginning of each tenancy. Unless the landlord and the tenant have awritten agreement to the contrary, the landlord shall place new batteries in abattery‑operated smoke detector at the beginning of a tenancy and thetenant shall replace the batteries as needed during the tenancy. Failure of thetenant to replace the batteries as needed shall not be considered as negligenceon the part of the tenant or the landlord.

(6)        If the landlord ischarging for the cost of providing water or sewer service pursuant to G.S. 42‑42.1and has actual knowledge from either the supplying water system or otherreliable source that water being supplied to tenants within the landlord'sproperty exceeds a maximum contaminant level established pursuant to Article 10of Chapter 130A of the General Statutes, provide notice that water beingsupplied exceeds a maximum contaminant level.

(7)        Provide a minimum ofone operable carbon monoxide detector per rental unit per level, either battery‑operatedor electrical, that is listed by a nationally recognized testing laboratorythat is OSHA‑approved to test and certify to American National StandardsInstitute/Underwriters Laboratories Standards ANSI/UL2034 or ANSI/UL2075, andinstall the carbon monoxide detectors in accordance with either the standardsof the National Fire Protection Association or the minimum protectiondesignated in the manufacturer's instructions, which the landlord shall retainor provide as proof of compliance. A landlord that installs one carbon monoxidedetector per rental unit per level shall be deemed to be in compliance withstandards under this subdivision covering the location and number of detectors.The landlord shall replace or repair the carbon monoxide detectors within 15days of receipt of notification if the landlord is notified of neededreplacement or repairs in writing by the tenant. The landlord shall ensure thata carbon monoxide detector is operable and in good repair at the beginning ofeach tenancy. Unless the landlord and the tenant have a written agreement tothe contrary, the landlord shall place new batteries in a battery‑operatedcarbon monoxide detector at the beginning of a tenancy, and the tenant shallreplace the batteries as needed during the tenancy. Failure of the tenant toreplace the batteries as needed shall not be considered as negligence on thepart of the tenant or the landlord. A carbon monoxide detector may be combinedwith smoke detectors if the combined detector does both of the following: (i)complies with ANSI/UL2034 or ANSI/UL2075 for carbon monoxide alarms andANSI/UL217 for smoke detectors; and (ii) emits an alarm in a manner thatclearly differentiates between detecting the presence of carbon monoxide andthe presence of smoke. This subdivision applies only to dwelling units having afossil‑fuel burning heater or appliance, fireplace, or an attachedgarage. Any operable carbon monoxide detector installed before January 1, 2010,shall be deemed to be in compliance with this subdivision.

(8)        Within a reasonableperiod of time based upon the severity of the condition, repair or remedy anyimminently dangerous condition on the premises after acquiring actual knowledgeor receiving notice of the condition. Notwithstanding the landlord's repair orremedy of any imminently dangerous condition, the landlord may recover from thetenant the actual and reasonable costs of repairs that are the fault of thetenant. For purposes of this subdivision, the term "imminently dangerouscondition" means any of the following:

a.         Unsafe wiring.

b.         Unsafe flooring orsteps.

c.         Unsafe ceilings orroofs.

d.         Unsafe chimneys orflues.

e.         Lack of potablewater.

f.          Lack of operablelocks on all doors leading to the outside.

g.         Broken windows orlack of operable locks on all windows on the ground level.

h.         Lack of operableheating facilities capable of heating living areas to 65 degrees Fahrenheitwhen it is 20 degrees Fahrenheit outside from November 1 through March 31.

i.          Lack of an operabletoilet.

j.          Lack of an operablebathtub or shower.

k.         Rat infestation as aresult of defects in the structure that make the premises not impervious torodents.

l.          Excessive standingwater, sewage, or flooding problems caused by plumbing leaks or inadequatedrainage that contribute to mosquito infestation or mold.

(b)        The landlord is notreleased of his obligations under any part of this section by the tenant'sexplicit or implicit acceptance of the landlord's failure to provide premisescomplying with this section, whether done before the lease was made, when itwas made, or after it was made, unless a governmental subdivision imposes animpediment to repair for a specific period of time not to exceed six months.Notwithstanding the provisions of this subsection, the landlord and tenant arenot prohibited from making a subsequent written contract wherein the tenantagrees to perform specified work on the premises, provided that said contractis supported by adequate consideration other than the letting of the premises andis not made with the purpose or effect of evading the landlord's obligationsunder this Article.  (1977, c. 770, s. 1; 1995, c. 111, s. 2; 1998‑212, s. 17.16(i);2004‑143, s. 3; 2008‑219, ss. 2, 6; 2009‑279, s. 3.)