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Maintenance and Repair: Who’s Responsible, Landlord or Tenant?

Maintenance and Repair:
Who’s Responsible, Landlord or Tenant?

In my experience, one of the more common causes of conflict between landlords and their tenants is maintenance and repair issues. Knowing who is responsible for what will greatly prevent altercations and guarantee that the property remains in good condition.

In this entry of Eviction Essentials: Your Guide to Landlord-Tenant Law and Courtroom Drama in North Carolina, we’ll break down the ins and outs of maintenance and repair obligations in North Carolina.

1. Landlord Responsibilities

North Carolina’s landlords are legally required to provide and maintain a safe and livable environment for their tenants. This obligation is often called the “implied warranty of habitability.” So what do landlords have to take care of?

  • Structural Integrity: The building needs to be solid and structurally sound. This means that the foundation, walls, windows, and roof should be maintained and in good condition.

  • Essential Systems: The plumbing, heating, and electrical systems should be in good working order and not a burden on the tenant’s quality of life.

  • Water Supply: The landlord must ensure and maintain a reliable supply of, hot and cold, running water. This also includes functioning kitchen and bathroom fixtures.

  • Sanitation: The property is required to have working and proper waste disposal systems. These include sewage systems, and functioning plumbing in both the bathroom and kitchen.

  • Safety: The landlord must address any conditions that could pose a safety hazard and may cause the tenant harm, such as broken stair railing, faulty electrical wiring, and harmful pest infestations.

  • Building Codes: Landlords must ensure the property adheres to all local building codes and health and safety regulations.

2. Tenant Responsibilities

While landlords have significant obligations, tenants also play a crucial role in maintaining the rental property. Tenants are generally responsible for:

  • Keeping the Property Clean: Tenants should keep their units clean and orderly. At the very least they must dispose of their garbage properly.

  • Basic Upkeep: Tenants are expected to perform minor repairs that don't need the help of a professional like replacing light bulbs, unclogging drains, and changing their HVAC filters. 

  • Reporting Problems or Issues: If something major needs to be fixed, like a leaky roof, or a damaged wall, tenants should immediately notify the landlord to prevent further damage, of course, so they’ll know it needs to be fixed.

  • Damage Prevention: A tenant should not take part in actions or activities that could cause damage to the property. Negligence of basic upkeep and misuse of fixtures and appliances are also against this rule.

  • Lease Compliance: Tenants must read, understand, remember, and adhere to all maintenance-related clauses in their lease.

3. Repairs and How to Handle Them

When the property needs repair, both the landlord and tenant have responsibilities they need to perform:

  • Tenant’s Need to Notify: When something major needs fixing the tenant should inform the landlord as soon as possible. To be safe, the tenant should notify the landlord in writing as this will serve as documentation in case the situation escalates.

  • Landlord’s Need to Act: After receiving the notice, the landlord should address the issue within an appropriate or reasonable timeframe. The length of the timeframe is dependent on the severity of the problem. For example, if the tenant loses heating in winter, this should be repaired ASAP, while a leaky faucet in the spare bathroom might allow for a longer response time.

  • Access for Repairs: It’s only common sense that the landlord and/or their repair personnel have access to the property to perform necessary repairs, so the tenant should provide that access. However, landlords are typically required to provide prior notice with the date and time of the planned repairs,  before they enter the property, except in emergencies of course.

4. Neglect and its Consequences

If a Landlord fails to make necessary repairs after being notified:

  • Tenant’s Options: North Carolina law has provided tenants with multiple options, such as reporting the issue to local housing authorities, withholding rent until the repairs are made, or, in extreme cases, usually with legal help, terminating the lease.

  • Legal Consequences for Landlords: Failure to maintain the property and ignoring repair requests can lead to legal action, fines, or losing the rights to past-due rent if the property is deemed uninhabitable.

If a Tenant neglects their responsibilities:

  • Landlord’s Recourse: A landlord may issue a notice to cure (more on the types of notices in our previous blog post) the violation. If the tenant fails to comply, he or she may be held financially responsible for damages, and the landlord gains the option to file an eviction.

5. Common Disputes and How to Avoid Them

Even with clear laws and a transparent lease agreement, disagreements are never out of the question. Here are a few tips for avoiding maintenance-related animosity:

  • Clear Communication: Number one, and I cannot overstate how important this is, both parties should communicate openly. Most conflicts could have been prevented if people just sat down and talked like adults. Also, as a precaution, both parties should document all maintenance requests, responses, and repairs performed.

  • Transparent Lease Agreement: A landlord should have a well-written lease that details the specific maintenance responsibilities of both parties.

  • Regular Inspections: I encourage landlords to perform regular inspections (with proper notice) to ensure the property is being maintained, as well as, to identify and fix any issues before they escalate.

  • Understanding your Rights and Obligations: Both parties should be familiar with North Carolina’s landlord-tenant laws to guarantee they understand their rights and responsibilities.

6. Final Thoughts

Maintaining a rental property is supposed to be a shared responsibility. Both the landlord and tenant should understand and fulfill their respective obligations, so both parties can ensure the property remains safe, habitable, and in good condition. 

Are you a landlord or property manager that needs help with an eviction?
You can call us at +1 980-263-9926, send an email to george@gibbsglaw.com, message us on Facebook, or reach out through our Website, and book a free 30-minute consultation, today!









 

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Location: Charlotte, NC, USA

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