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Landlord Liability for Mold in North Carolina However, North Carolina law requires landlords to fix excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mold (N.C. Gen. Stat.
"There are no specific guidelines on mold in particular, on a North Carolina landlord, but the North Carolina landlord does have a duty to make sure the rental is fit and habitable," Yanez said.
Landlords that violate this warranty can be required to make repairs. In situations involving mold, this could include removing the mold. If the landlord fails to do so, the tenant could withhold rent payments or sue for rent abetment or a reduction in the amount of rent owed.
While there is no specific statute regarding mold, toxic or otherwise for renters, North Carolina's implied warranty of habitability statute and the Unfair and Deceptive Trade Practices Act could provide some protection. For renters, landlords are required to maintain habitable premises.