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Maintain Facilities:
The landlord is required to 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. But the landlord
need not perform this duty unless the tenant first advises the
landlord of needed repairs in writing. The tenant may wish inform the
landlord of the problem immediately over the telephone or in person
and then follow up by notifying the landlord in writing. The tenant
should always keep a copy of all written communication between herself
and the landlord.
In the event of an emergency, such as
when the heat fails during the winter, prior written notification is
not required. The landlord must tend to emergency repairs as he
becomes aware of the problem, regardless of whether the tenant has
given written notification. And if the tenant repairs an emergency
problem, the landlord must reimburse the tenant, regardless of prior
notice.
The tenant can agree to perform some
or all of the landlord's maintenance duties, but the parties must make
an agreement separate from the lease and the tenant must be
compensated.
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Comply with Building Codes: The landlord
must maintain the residence in compliance with the local building and
housing codes. Most towns and cities in North Carolina have enacted
housing, fire, and health codes. But the requirements of these codes
vary depending on the city or town. Housing codes often require
functional heating and plumbing, locks on windows and doors, and
weather-tight walls, windows and doors. Also, the code may require the
landlord to rid the premises of infestations, and to repair holes or
cracks in walls. Local fire codes govern heating and electrical
systems. And the health code deals with sewage disposal and well water
systems.
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If, after the tenant advises the landlord of a violation of these
codes, the landlord does not take action, the tenant may wish to
report the problem to a local building, fire, or health inspector.
These inspectors have independent authority to force compliance with
the codes, and may take prompt action when a violation creates a risk
to the safety of the tenant. The landlord must comply with these local
codes regardless of whether the tenant has given the landlord prior
written notice of a particular problem.
Keep Common Areas Safe:
The landlord is required to maintain all common areas in a safe
condition, regardless of whether a tenant has given the landlord
notice of an unsafe condition. Common areas include hallways, parking
lots, play areas, laundry rooms, and sewage or plumbing systems
serving more than one rental unit open to more than one rental unit.
Keep Premises in Safe and Habitable Condition:
If the landlord complies with his other duties, he most likely will be
in compliance with this requirement as well. But this general,
catch-all requirement ensures that the landlord cannot rent an unsafe
or uninhabitable residence due to some loophole in the specific
requirements of the local codes and state laws.
b The landlord must provide operable smoke detectors that have been
approved by a national testing laboratory and that have been installed
properly. The landlord must replace or repair the smoke detectors
provided that the tenant has notified the landlord in writing of
needed replacement or repairs. The landlord must place new batteries
in a battery-operated smoke detector at the beginning of the lease
term, unless the lease provides otherwise.
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