Repairs, Inspections, and “Sick House” Complaints: What the Law Really Says in North Carolina

In the rental world, maintenance can get messy. Tenants want a safe, healthy home. Landlords are legally required to provide one. But what happens when tenants claim hidden mold, pests, or HVAC issues—especially after licensed contractors say there’s no problem? And what if tenants try to bring in their own companies, like Americaclean, without the landlord’s consent?

The answers aren’t just practical—they’re written into North Carolina law.

The Legal Foundation: NC General Statutes

The North Carolina Residential Rental Agreements Act (N.C. Gen. Stat. § 42-38 through § 42-44) is the backbone for tenant–landlord maintenance disputes. Here’s what it requires:

• Landlord Duties (§ 42-42):

  • Keep the premises in a “fit and habitable” condition.

  • Maintain plumbing, HVAC, electrical, and appliances provided by the landlord.

  • Comply with current building and housing codes that affect health and safety.

• Tenant Duties (§ 42-43):

  • Keep the property safe and clean.

  • Not deliberately or negligently damage the property.

  • Notify the landlord of needed repairs.

  • Allow reasonable access for repairs.

• Access Rights (§ 42-42(b)):
  Landlords have the right to access the property for inspection, maintenance, and repairs—with “reasonable notice.” This also means outside companies hired by tenants cannot just show up uninvited. They must have the landlord’s permission to inspect, because the home is the landlord’s legal property.

When Tenants Hire Outside Companies

Sometimes, tenants—frustrated by ongoing issues—may call companies like Americaclean, a mold remediation and indoor air quality service. But here’s the catch:

• Permission Required: Since the landlord owns the property, third-party inspectors cannot legally enter without the landlord’s consent. If they do, it’s technically trespassing.

• Chain of Responsibility: The landlord is responsible for arranging inspections and repairs with licensed contractors. Tenants can’t unilaterally hire a company and bill the landlord unless there is an express agreement in the lease.

• Legal Evidence: If the tenant does pay for a private inspection, the report may still be useful in court or mediation—but it doesn’t override the landlord’s right to control who enters their property.

This is why most property managers state clearly: All inspections and repairs must be coordinated through the landlord.

Why Professional Reports Protect Landlords

When disputes arise over HVAC, pests, or mold, landlords should always:

• Hire licensed professionals (pest control, HVAC, air quality inspectors).

• Provide tenants with written reports of the findings.

• Retain receipts and inspection results as proof of compliance.

Legally, this matters because:

• Fit Premises (§ 42-42(a)(2)) – A licensed HVAC inspection showing no mold fulfills the landlord’s duty.

• Good Faith (§ 42-38) – Documentation shows the landlord acted in good faith to maintain the property.

• Defenses Against Claims (§ 42-44) – If tenants claim neglect, landlords can present inspection reports as evidence of compliance.

When Complaints Never End

North Carolina law protects tenants from retaliation (§ 42-37.1), meaning they can’t be evicted simply for reporting issues. But it does not require landlords to chase endless, unsubstantiated complaints. Once a qualified inspection confirms no violation, the landlord’s legal obligation is satisfied.

If tenants continue to claim illness without supporting evidence, landlords may:

• Encourage tenants to provide medical documentation or independent lab results (with permission).

• Decline unauthorized entry to outside companies.

• Decide not to renew the lease when it expires, provided proper notice is given under NC law.

Greensboro-Specific Oversight

The City of Greensboro Code Compliance Division enforces the Minimum Housing Code. Tenants can file complaints directly with the city, which then inspects for unsafe or unhealthy conditions. If city inspectors find violations, they issue orders to the landlord.

This is the official process designed to prevent disputes from escalating into “he said, she said” battles.

• Greensboro Code Compliance info:
  City of Greensboro – Code Compliance

The Bottom Line

• Tenants: You have the right to safe housing, but you can’t bring in private companies without landlord permission. Report issues in writing, allow repairs, and contact the city if problems remain unresolved.

• Landlords: You must act promptly on repair requests, hire licensed professionals, and document everything. Once reports show no issue, your duty is legally met.

• Both sides: Transparency and good records prevent small disputes from becoming legal battles.

✍️ At Joy Watson Real Estate, we believe safe homes and fair processes benefit everyone—tenants, landlords, and the neighborhoods we share.