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1. Your Right to a Safe and Habitable Home

Landlord's Duty: Your landlord must provide and maintain a fit and safe place for you to live. This is often called the "implied warranty of habitability." (N.C. Gen. Stat. § 42-42)

What this means:

• Your home must have working plumbing, heating, electrical systems, and appliances that were included with the rental.
• It should be free from serious hazards like pest infestations (roaches, rodents, bed bugs if they make the unit unfit), unsafe wiring, or structural problems.
• The landlord must make necessary repairs to keep your home in this condition.

Your Responsibility: You also have a duty to keep your home clean and safe, dispose of trash properly, not damage the property (beyond normal wear and tear), and follow the terms of your lease. (N.C. Gen. Stat. § 42-43)

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2. Your Right to Fair Housing

You cannot be discriminated against based on race, color, religion, national origin, sex, familial status (having children), or disability. This is protected by federal and state fair housing laws.

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3. Your Lease Agreement

Your lease is a legal contract between you and your landlord. Read it carefully!

• It outlines your rent amount, due dates, lease length, rules for the property, and other responsibilities for both you and your landlord.
• Changes to the Lease: Generally, your landlord cannot change the terms of your lease (like the rent amount) during the lease term unless the lease itself allows for it or you both agree in writing. For month-to-month leases, the landlord can change terms with proper notice (usually 30 days).

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4. Eviction Notices – What You Need to Know

Legal Process Required: Your landlord cannot simply lock you out, remove your belongings, or cut off your utilities to force you out. They must go through a formal court process called "summary ejectment." (N.C. Gen. Stat. § 42-25.9)

Proper Notice: Before starting the court process for most lease violations, the landlord must give you proper written notice. The type and length of notice depend on the reason for eviction and your lease terms:

• Non-Payment of Rent: Typically, your landlord must give you a 10-day written demand for rent before they can file for eviction in court. (N.C. Gen. Stat. § 42-3) This notice should clearly state the amount of rent owed and that you will be evicted if you don't pay.
• Lease Violations (other than non-payment): If your lease says you can be evicted for a specific violation, the lease will often state the type of notice required. If the lease is silent, the notice period can vary. If your lease has ended or you are a month-to-month tenant, the notice period is usually 7 days for a month-to-month tenancy or 30 days for a year-to-year tenancy. (N.C. Gen. Stat. § 42-14)
• Criminal Activity: For certain criminal activities, the landlord may not be required to provide advance notice before filing for eviction.

"Self-Help" Eviction is Illegal: It is illegal for a landlord to try to evict you without a court order by doing things like changing the locks, shutting off utilities, or removing your property. (N.C. Gen. Stat. § 42-25.9) If this happens, you may have legal grounds to sue the landlord.

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5. Landlord's Responsibilities (Beyond Repairs)

• Comply with all building and housing codes.
• Keep all common areas (like hallways and parking lots) safe and clean.
• If they provide smoke detectors or carbon monoxide detectors, they must ensure they are in good working order at the beginning of your tenancy. You are then responsible for maintaining the batteries (unless your lease says otherwise). (N.C. Gen. Stat. § 42-42(a)(5)-(6))

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6. Your Responsibilities as a Tenant

• Pay your rent on time.
• Keep your rented space clean and safe.
• Dispose of all trash and garbage in a clean and safe manner.
• Keep plumbing fixtures as clean as their condition permits.
• Not deliberately or negligently destroy, deface, damage, or remove any part of the premises or knowingly permit any person to do so.
• Be responsible for any damage you or your guests cause (beyond normal wear and tear).
• Notify your landlord in writing if you need repairs.
• Comply with all obligations imposed upon tenants by current applicable building and housing codes.
• Replace batteries in smoke detectors and carbon monoxide detectors during your tenancy (unless the lease states otherwise). (N.C. Gen. Stat. § 42-43)

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7. Security Deposits

Limits: Your landlord can charge a security deposit, but there are limits:

• For a week-to-week tenancy: up to two weeks' rent.
• For a month-to-month tenancy: up to one and a half months' rent.
• For leases longer than month-to-month: up to two months' rent. (N.C. Gen. Stat. § 42-51)

Use of Deposit: The landlord can use the deposit to cover unpaid rent, damage to the property beyond normal wear and tear, costs of re-renting if you break the lease, or costs of removing and storing your property after an eviction.

Return of Deposit: The landlord must return your security deposit within 30 days after you move out. If they keep any part of it, they must provide you with a written, itemized list of the damages or reasons within that 30-day period. If they cannot determine the final costs within 30 days, they can send an interim notice and then a final accounting within 60 days of you moving out. (N.C. Gen. Stat. § 42-52)

Pet Fees: Landlords can also charge a reasonable, non-refundable pet fee.

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8. Landlord's Right to Enter

North Carolina law does not have a specific statute defining when a landlord can enter your rental unit, except in emergencies or to make necessary repairs after you've requested them.

Your lease agreement may specify when and how a landlord can enter (e.g., "with reasonable notice," often interpreted as 24 hours). If your lease is silent, landlords generally should provide reasonable notice before entering, unless it's an emergency.

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9. Common Defenses if Your Landlord Tries to Evict You

• Improper Notice: The landlord did not give you the correct written notice as required by law or your lease.
• Landlord Retaliation: The landlord is trying to evict you because you requested repairs, complained to a housing inspector, or joined a tenants' rights group. This is illegal. (N.C. Gen. Stat. § 42-37.1) You must be current on your rent for this protection to apply in most cases.
• Landlord Breached Their Duty (e.g., Unsafe Conditions): The landlord failed to maintain the property in a fit and safe condition, and this is a significant issue. You might have a claim for rent abatement (a reduction in rent owed).
• Full Payment of Rent (or proper tender): If the eviction is for non-payment of rent, and you paid the full amount due (plus any court costs if a lawsuit was filed) within the notice period or as allowed by law, this can be a defense. Important: If the landlord has already obtained a judgment for possession, paying the rent due plus costs before the sheriff comes to evict you (executes the writ of possession) can, in some cases, stop the eviction. This is called "tender." (N.C. Gen. Stat. § 42-33)
• Waiver: The landlord accepted rent from you after knowing about a lease violation. This might mean they "waived" their right to evict you for that particular violation. This can be complex.
• Discrimination: The eviction is based on your race, religion, sex, family status, national origin, or disability.
• The Landlord is Not Following the Lease: The landlord is trying to evict you for something that is not a violation of your lease, or for something they don't have the right to enforce.

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