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Every tenant has the right to fair housing, which means a property that complies with local safety and housing regulations. If there are any damages to the property, tenants can send the landlord a notice for repair, to which the latter has to respond promptly.
North Carolina law says that your landlord must keep your housing fit and safe. It also says that you, the tenant, must pay your rent, keep your home clean, and not damage your home. To make the law work, both the tenant and the landlord must do their part.
Habitability is defined by the local building code, along with North Carolina's rental law. Local codes often prohibit peeling paint, pest infestations, sewer malfunctions and fire hazards, though some of these prohibitions apply only to multi-family rental units.
A landlord cannot: Refuse to rent to a prospective tenant. Refuse to rent to a prospective tenant because he or she has previously terminated a lease agreement due to domestic violence. File to terminate the tenant's rental agreement.
North Carolina law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination (and a final accounting, if needed, within 60 days).
When the landlord fails to make necessary repairs, North Carolina law allows a tenant to seek money damages. This remedy is called "rent abatement". To obtain a rent rebate you must file an action in Small Claims Court for the reduced value of the rental property.
Your landlord is also required to maintain and repair appliances that the landlord has provided. This includes plumbing, heating and air conditioning units, refrigerators, and stoves, etc. When the landlord fails to make necessary repairs, North Carolina law allows a tenant to seek money damages.
If you live in public or subsidized housing, modifications are to be made without charge to you. For more information on your rights or to file a complaint about the landlord's actions, you may contact the North Carolina Human Relations Commission or the Fair Housing Project of Legal Aid of North Carolina .
Withholding rent payments North Carolina law does not allow tenants to withhold rent payments except under two circumstances: when the landlord consents to it in writing or when a judge or civil magistrate allows you to withhold rent pursuant to a court order.