2005 North Carolina Code - General Statutes Article 5 - Landlord and Tenant Duties.

Article 5.

Landlord and Tenant Duties.

§ 42A‑31.� Landlord to provide fit premises.

A landlord of a residential property used for a vacation rental shall:

(1)������ Comply with all current applicable building and housing codes.

(2)������ Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition.

(3)������ Keep all common areas of the property in safe condition.

(4)������ Maintain in good and safe working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by him or her upon written notification from the tenant that repairs are needed.

(5)������ Provide operable smoke detectors. The landlord shall replace or repair the smoke detectors if the landlord is notified by the tenant in writing that replacement or repair is needed. The landlord shall annually place new batteries in a battery‑operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or landlord.

These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. (1999‑420, s. 1.)

 

§ 42A‑32.� Tenant to maintain dwelling unit.

The tenant of a residential property used for a vacation rental shall:

(1)������ Keep that part of the property which he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that he or she uses.

(2)������ Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner.

(3)������ Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits.

(4)������ Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the landlord or knowingly permit any person to do so.

(5)������ Comply with all obligations imposed upon the tenant by current applicable building and housing codes.

(6)������ Be responsible for all damage, defacement, or removal of any property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the landlord or his or her agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces.

(7)������ Notify the landlord of the need for replacement of or repairs to a smoke detector. The landlord shall annually place new batteries in a battery‑operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or the landlord.

These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. (1999‑420, s. 1.)

 

§§ 42A‑33 through 42A‑35.� Reserved for future codification purposes.