(a) Any right or obligation declared by this Chapter is enforceable by civil action, in addition to other remedies of law and in equity.
(a1) If a landlord fails to provide, install, replace, or repair a smoke alarm under the provisions of G.S. 42-42(a)(5) or a carbon monoxide alarm under the provisions of G.S. 42-42(a)(7) within 30 days of having received written notice from the tenant or any agent of State or local government of the landlord's failure to do so, the landlord shall be responsible for an infraction and shall be subject to a fine of not more than two hundred fifty dollars ($250.00) for each violation. After December 31, 2012, if the landlord installs a new smoke alarm or replaces an existing smoke alarm, the smoke alarm shall be a tamper-resistant, 10-year lithium battery smoke alarm, except as provided in G.S. 42-42(a)(5a). The landlord may temporarily disconnect a smoke alarm or carbon monoxide alarm in a dwelling unit or common area for construction or rehabilitation activities when such activities are likely to activate the smoke alarm or carbon monoxide alarm or make it inactive.
(a2) If a smoke alarm or carbon monoxide alarm is disabled or damaged, other than through actions of the landlord, the landlord's agents, or acts of God, the tenant shall reimburse the landlord the reasonable and actual cost for repairing or replacing the smoke alarm or carbon monoxide alarm within 30 days of having received written notice from the landlord or any agent of State or local government of the need for the tenant to make such reimbursement. If the tenant fails to make reimbursement within 30 days, the tenant shall be responsible for an infraction and subject to a fine of not more than one hundred dollars ($100.00) for each violation. The tenant may temporarily disconnect a smoke alarm or carbon monoxide alarm in a dwelling unit to replace the batteries or when it has been inadvertently activated.
(b) Repealed by Session Laws 1979, c. 820, s. 8.
(c) The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.
(c1) A real estate broker or firm as defined in G.S. 93A-2 managing a rental property on behalf of a landlord shall not be personally liable as a party in a civil action between the landlord and tenant solely because the real estate broker or firm fails to identify the landlord of the property in the rental agreement.
(d) A violation of this Article shall not constitute negligence per se. (1977, c. 770, s. 1; 1979, c. 820, s. 8; 1998-212, s. 17.16(k); 2008-219, s. 4; 2012-92, s. 3; 2016-98, s. 1.6.)
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1981–2026 · leading case:
Surratt v. Newton, 393 S.E.2d 554 (N.C. Ct. App. 1990).
Surratt v. Newton, 393 S.E.2d 554 (N.C. Ct. App. 1990).
· cites it 8× “ew requirement is imposed by this subdivision (a)(1) if a structure is exempt from a current building code; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in safe…”
Collingwood v. Gen. Elec. Real Est. Equities, Inc., 376 S.E.2d 425 (N.C. 1989).
· cites it 3× “Where there is an allegation of the violation of a statute constituting negligence per se, the statute itself establishes the standard of care as to that allegation.”
Miller v. C. W. Myers Trading Post, Inc., 355 S.E.2d 189 (N.C. Ct. App. 1987).
· cites it 2× “42-44(c). We construe these provisions to provide an affirmative cause of action to a tenant for recovery of rent paid based on the landlord’s noncompliance with G.”
Noblot v. Timmons, 628 S.E.2d 413 (N.C. Ct. App. 2006).
· cites it 2× “See N.C. Gen.Stat. § 42-44(c) (2005) ("The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.”
Lenz v. Ridgewood Assocs., 284 S.E.2d 702 (N.C. Ct. App. 1981).
“— (a) The landlord shall: (3) Keep all common areas of the premises in safe condition; § 42-44. General remedies and limitations.”
Brooks v. Francis, 291 S.E.2d 889 (N.C. Ct. App. 1982).
“Landlord to provide fit premises, — (a) The landlord shall: (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; § 42-44. General remedies and limitations.”
Jackson v. Hous. Auth. of High Point, 326 S.E.2d 295 (N.C. Ct. App. 1985).
“Whether this is a "safety statute," as it certainly appears to be, need not be discussed, since the General Assembly expressly provided in G.S. 42-44(d) that violations of it are not negligence per se; but as this Court has held, violations of G.”
Collingwood v. Gen. Elec. R. Est. Equit., 376 S.E.2d 425 (N.C. 1989).
· cites it 3× “Where there is an allegation of the violation of a statute constituting negligence per se, the statute itself establishes the standard of care as to that allegation.”
Taylor v. Batts, 689 S.E.2d 601 (N.C. Ct. App. 2010).
· cites it 4× “The City inspector did not crawl under the house, did not check under the carpet, and did not move furniture .”
— N.C. Gen. Stat. § 42-44(a) — 2 cases
Miller v. C. W. Myers Trading Post, Inc., 355 S.E.2d 189 (N.C. Ct. App. 1987).
“42-44(c). We construe these provisions to provide an affirmative cause of action to a tenant for recovery of rent paid based on the landlord’s noncompliance with G.”
Surratt v. Newton, 393 S.E.2d 554 (N.C. Ct. App. 1990).
“ew requirement is imposed by this subdivision (a)(1) if a structure is exempt from a current building code; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in safe…”
— N.C. Gen. Stat. § 42-44(a)(2) — 1 case
Surratt v. Newton, 393 S.E.2d 554 (N.C. Ct. App. 1990).
“ew requirement is imposed by this subdivision (a)(1) if a structure is exempt from a current building code; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in safe…”
— N.C. Gen. Stat. § 42-44(c) — 3 cases
Surratt v. Newton, 393 S.E.2d 554 (N.C. Ct. App. 1990).
“ew requirement is imposed by this subdivision (a)(1) if a structure is exempt from a current building code; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in safe…”
Noblot v. Timmons, 628 S.E.2d 413 (N.C. Ct. App. 2006).
“See N.C. Gen.Stat. § 42-44(c) (2005) ("The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.”
— N.C. Gen. Stat. § 42-44(d) — 3 cases
Jackson v. Hous. Auth. of High Point, 326 S.E.2d 295 (N.C. Ct. App. 1985).
“Whether this is a "safety statute," as it certainly appears to be, need not be discussed, since the General Assembly expressly provided in G.S. 42-44(d) that violations of it are not negligence per se; but as this Court has held, violations of G.”
Collingwood v. Gen. Elec. R. Est. Equit., 376 S.E.2d 425 (N.C. 1989).
“Where there is an allegation of the violation of a statute constituting negligence per se, the statute itself establishes the standard of care as to that allegation.”
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