Leaks and mold in a North Carolina rental
About 43% of occupied homes in the Durham ZIP codes we cover are rented, and 70% in central Durham (Census ACS). North Carolina's rule is short: the landlord has to keep the place fit and habitable and keep the plumbing and other systems working, and the clock usually starts with written notice.
What the law says
Under G.S. 42-42, a North Carolina landlord must keep a rental fit and habitable and keep the plumbing and the other systems the landlord supplies in good working order (heat and air conditioning count), with repairs made promptly after written notice except in an emergency. The statute's list of imminently dangerous conditions includes excessive standing water or sewage from plumbing leaks or inadequate drainage that contributes to mold, and the landlord must fix those within a reasonable time based on severity. General information only, not legal advice.
The statute also lists conditions that count as imminently dangerous, and two matter here: no potable water, and excessive standing water or sewage from plumbing leaks or inadequate drainage that contributes to mold. In winter, from November 1 through March 31, heat that can't keep the place at 65°F when it is 20°F outside is on the list too.
How to give notice
- Write it down. Email or text is fine if your lease allows it; a dated letter works too. Say what is leaking or growing and where. Say since when.
- Attach photos with the date.
- Keep a copy and note when you sent it.
- In an emergency, like water still coming in or sewage on the floor, call the landlord or property manager right away too, and follow up in writing.
While you wait
- Stop the water if you can do it safely at a fixture valve.
- Move your belongings off wet floors and photograph anything damaged. Your landlord's insurance usually covers the building, not your things; a renters policy covers contents.
- Run the air conditioning or a dehumidifier and keep the bathroom fan on.
- Don't paint over mold or tear out drywall yourself; that is the landlord's repair.
When the landlord sends a company
The landlord chooses and pays the restoration company for the building. You can still ask what they found, what they are removing and whether the moisture source is fixed. If the unit can't be lived in during the work, ask in writing what the landlord will do about rent and a place to stay, and check your renters policy for loss of use coverage.
This is general information, not legal advice. Legal Aid of North Carolina and the North Carolina Bar Association's lawyer referral service can help with a specific dispute.
Questions Durham homeowners ask
Is a leak or mold in a rental the landlord's problem in North Carolina?
Under G.S. 42-42, a North Carolina landlord must keep a rental fit and habitable and keep the plumbing and the other systems the landlord supplies in good working order (heat and air conditioning count), with repairs made promptly after written notice except in an emergency. The statute's list of imminently dangerous conditions includes excessive standing water or sewage from plumbing leaks or inadequate drainage that contributes to mold, and the landlord must fix those within a reasonable time based on severity. General information only, not legal advice.
Can I withhold rent until the landlord fixes it?
Not on your own. North Carolina doesn't let a tenant simply stop paying rent over repairs; doing so can lead to an eviction case. Give written notice and document everything. Get legal advice before you change how you pay rent.
Who pays for my damaged belongings?
Your own renters policy, if you carry one. The landlord's policy generally covers the building. If the landlord's neglect caused the damage, a claim against the landlord may be possible; ask a lawyer.