N.C. Gen. Stat. » Chapter 42
NC General Statutes

N.C. Gen. Stat. § 42-43 (2026)

Tenant to maintain dwelling unit

✓ current as of July 2026
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(a) The tenant shall:

(1) Keep that part of the premises that the tenant occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises that the tenant uses.

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

(3) Keep all plumbing fixtures in the dwelling unit 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 premises, nor render inoperable the smoke alarm or carbon monoxide alarm provided by the landlord, or knowingly permit any person to do so.

(5) Comply with any and 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 a dwelling unit in the tenant's exclusive control unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or the landlord's 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, in writing, of the need for replacement of or repairs to a smoke alarm or carbon monoxide alarm. The landlord shall ensure that a smoke alarm and carbon monoxide alarm are operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated smoke alarm and battery-operated carbon monoxide alarm at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy, except where the smoke alarm is a tamper-resistant, 10-year lithium battery smoke alarm as required by G.S. 42-42(a)(5a). Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord.

(b) The landlord shall notify the tenant in writing of any breaches of the tenant's obligations under this section except in emergency situations. (1977, c. 770, s. 1; 1995, c. 111, s. 3; 1998-212, s. 17.16(j); 2008-219, s. 3; 2012-92, s. 2.)

 

Notes of Decisions
Cited in 2 cases, 1991–2008 · leading case: Diorio v. Penny, 405 S.E.2d 789 (N.C. Ct. App. 1991).
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Diorio v. Penny, 405 S.E.2d 789 (N.C. Ct. App. 1991). · cites it 6× “Although a tenant may be contributorially negligent if she fails to repair a minor defect which subsequently causes her injury, see N.C.G.S. § 42-43(a)(1) (1984) (tenant obligated to keep premises as "safe as the conditions of the premises permit"), the tenant is not expected to…”
Gardner v. Ebenezer, LLC, 660 S.E.2d 172 (N.C. Ct. App. 2008). “Our Legislature has recognized the mutuality of landlord and tenant lease obligations in the residential context under section 42-41 of our General Statutes, which states: “The tenant’s obligation to pay rent under the rental agreement or assignment and to comply with G.S. 42-43…”
N.C. Gen. Stat. § 42-43(a)(1): 1 case
Diorio v. Penny, 405 S.E.2d 789 (N.C. Ct. App. 1991). “Although a tenant may be contributorially negligent if she fails to repair a minor defect which subsequently causes her injury, see N.C.G.S. § 42-43(a)(1) (1984) (tenant obligated to keep premises as "safe as the conditions of the premises permit"), the tenant is not expected to…”
N.C. Gen. Stat. § 42-43(a)(l): 1 case
Diorio v. Penny, 405 S.E.2d 789 (N.C. Ct. App. 1991). “Although a tenant may be contributorially negligent if she fails to repair a minor defect which subsequently causes her injury, see N.C.G.S. § 42-43(a)(1) (1984) (tenant obligated to keep premises as "safe as the conditions of the premises permit"), the tenant is not expected to…”
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