N.C. landlords are required to provide adequate heat to all living areas.
It may be difficult to think about legal matters when you are freezing under a pile of blankets in an apartment with no heat. Make sure you know the laws about landlord responsibilities before signing a lease, if you are a renter. It can save you from a heated battle when the furnace fails. North Carolina has specific laws that require landlords to properly equip and maintain heating units in rental dwellings.
Tenant Protection
North Carolina's landlord-tenant laws describe the specific duties of the property owner and the occupant. The laws are collectively known as the Residential Rental Agreement Act, enacted in 1977. Landlords are required to maintain property so that it is "fit and habitable," and it must be in that shape at the time the lease begins.
Compliance With Building Codes
Perhaps the most helpful part of the Residential Rental Agreement Act in terms of keeping an apartment warm in winter is the provision that a landlord comply with all local building and housing codes. For example, the housing code for Forsyth County, in northwest North Carolina, states that every dwelling must have heat capable of warming every room, including bathrooms, "to a temperature of at least 70 degrees Fahrenheit at a distance of 3 feet above floor when temperature is 20 degrees Fahrenheit outside." Some municipalities rely on the state building codes as the standard. One relevant part of the N.C. building code states: "Interior spaces intended for human occupancy shall be provided with space-heating systems capable of maintaining a minimum indoor temperature of 68 degrees F." These temperatures guidelines may help a renter who lives in a dwelling with a substandard heating system that the landlord insists is working.
Getting Help
The bonus about the reference to local building codes is that it gives tenants an extra ally. If the heat is not working, a tenant can ask the local housing inspectors to check for compliance. Code-enforcement supervisors can force the landlord to make repairs and issue civil fines if the landlord does not cooperate. Local housing or health departments usually handle code enforcement.
Repairs
Except in cases of emergency, tenants must report items that need repair to the landlord in writing. An example of an emergency is loss of heat during the winter. If the landlord does not make repairs, or is slow to make repairs, a tenant can take the landlord to small claims court to ask for a reduction in rent or a refund of rent paid, to compensate for the loss of heat or for the cost of repairs. Tenants can also ask for landlords to pay for items damaged by lack of heating. North Carolina law does not allow tenants to withhold rent without the consent of a court judge.
Tags: North Carolina, make repairs, building codes, degrees Fahrenheit, landlord does
