What do North Carolina landlord tenant laws say about repairs and deposits?

North Carolina landlord tenant day counts and the deposit cap, with sources

Download this table: CSV or JSON.

What repairs is a landlord responsible for in North Carolina?

Section 42-42(a)(2) puts the repair duty on the landlord: “Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.” (North Carolina General Statutes § 42-42), read 2026-10-29.

Item (4) of 42-42(a) covers the building systems the landlord supplies: “Maintain in good and safe working order and promptly repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied or required to be supplied by the landlord provided that notification of needed repairs is made to the landlord in writing by the tenant, except in emergency situations.” (North Carolina General Statutes § 42-42).

Section 42-42(b) leaves room for one kind of side agreement: "Notwithstanding the provisions of this subsection, the landlord and tenant are not prohibited from making a subsequent written contract wherein the tenant agrees to perform specified work on the premises, provided that said contract is supported by adequate consideration other than the letting of the premises and is not made with the purpose or effect of evading the landlord's obligations under this Article."

For a habitability repair or a broken appliance you supply, you can post the job on InstaBids with photos and compare written bids side by side.

How long does a landlord have to make repairs in North Carolina?

For an imminently dangerous condition, the landlord's time under 42-42(a)(8) is: “Within a reasonable period of time based upon the severity of the condition, repair or remedy any imminently dangerous condition on the premises after acquiring actual knowledge or receiving notice of the condition.” (North Carolina General Statutes § 42-42), read 2026-10-29.

One line of the imminently dangerous condition list in 42-42(a)(8) reads: “Lack of operable heating facilities capable of heating living areas to 65 degrees Fahrenheit when it is 20 degrees Fahrenheit outside from November 1 through March 31.” (North Carolina General Statutes § 42-42).

Smoke alarms carry a day count of their own in 42-42(a)(5): “The landlord shall replace or repair the smoke alarms within 15 days of receipt of notification if the landlord is notified of needed replacement or repairs in writing by the tenant.” (North Carolina General Statutes § 42-42).

Carbon monoxide alarms get the same 15 days after notification in writing by the tenant under 42-42(a)(7), a subdivision that applies only to dwelling units having a fossil-fuel burning heater, appliance, or fireplace, and in any dwelling unit having an attached garage.

When a smoke alarm, carbon monoxide alarm or heater needs repair, you can post that job on InstaBids and get written bids on the same scope.

When can a tenant withhold rent over repairs in North Carolina?

Section 42-44(c) answers it in one sentence: “The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.” (North Carolina General Statutes § 42-44), read 2026-10-29.

For the repair behind a rent withholding dispute, you can describe the job once on InstaBids and compare written bids from contractors.

Who pays for pest control in a rental in North Carolina?

Chapter 42 names one pest on the imminently dangerous condition list of 42-42(a)(8): “Rat infestation as a result of defects in the structure that make the premises not impervious to rodents.” (North Carolina General Statutes § 42-42), read 2026-10-29.

For any imminently dangerous condition, 42-42(a)(8) gives the landlord this duty: “Within a reasonable period of time based upon the severity of the condition, repair or remedy any imminently dangerous condition on the premises after acquiring actual knowledge or receiving notice of the condition.” (North Carolina General Statutes § 42-42). The same subdivision then says: "Notwithstanding the landlord's repair or remedy of any imminently dangerous condition, the landlord may recover from the tenant the actual and reasonable costs of repairs that are the fault of the tenant."

For rodent-proofing gaps in a building's structure or pest treatment, you can post the job on InstaBids and line up the written bids you get.

Who does North Carolina landlord tenant law cover?

Article 5 of chapter 42, Residential Rental Agreements, carries two exclusions in 42-39. Under 42-39(a1): “The provisions of this Article shall not apply to vacation rentals entered into under Chapter 42A of the General Statutes.” (North Carolina General Statutes § 42-39), read 2026-10-29. Under 42-39(b): “Nothing in this Article shall apply to any dwelling furnished without charge or rent.” (North Carolina General Statutes § 42-39).

The definition in 42-40(3) names rental management companies among those who carry the landlord's duties: “"Landlord" means any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article.” (North Carolina General Statutes § 42-40).

If your rental management company handles the repair duty, you can post each repair job on InstaBids and compare written bids on one scope.

North Carolina chapter 42 rules a property manager works to

What to put in a written repair scope for a North Carolina rental

• The repair in plain words, with photos, tied to the 42-42(a) item the landlord shall meet: to make all repairs for a fit and habitable condition (42-42(a)(2)), or to promptly repair facilities and appliances supplied or required to be supplied by the landlord after notification in writing by the tenant (42-42(a)(4)).
• The date the tenant's notification of needed repairs was made in writing: the landlord shall maintain in good and safe working order and promptly repair the facilities and appliances supplied or required to be supplied by the landlord once notified in writing by the tenant (42-42(a)(4), except in emergency situations), and shall replace or repair the smoke alarms within 15 days of receipt of notification in writing (42-42(a)(5)).
• Whether the condition is on the imminently dangerous condition list of 42-42(a)(8), such as a lack of operable heating facilities capable of heating living areas to 65 degrees Fahrenheit when it is 20 degrees Fahrenheit outside from November 1 through March 31.
• Whether a rodent problem is a rat infestation as a result of defects in the structure that make the premises not impervious to rodents, which 42-42(a)(8) puts on its imminently dangerous condition list.

Download this checklist as text

Calling contractors one by one, or one written scope?

Calling contractors one by one gets as many ideas of the repair as calls. With one written scope that names the 42-42(a) item the landlord shall meet, such as the fit and habitable condition of 42-42(a)(2), you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

How InstaBids works

Related answers on other pages

Sources

• North Carolina General Statutes § 42-42, read 2026-10-29: www.ncleg.gov
• North Carolina General Statutes § 42-51, read 2026-10-29: www.ncleg.gov
• North Carolina General Statutes § 42-39, read 2026-10-29: www.ncleg.gov
• North Carolina General Statutes § 42-40, read 2026-10-29: www.ncleg.gov
• North Carolina General Statutes § 42-44, read 2026-10-29: www.ncleg.gov