Can landlords enter at any time, or is it trespassing? Here are the rules in North Carolina

State law requires landlords to do whatever is necessary to put and keep a home in “fit and habitable” conditions for tenants.Photo byscreenshot

As North Carolina continues to attract new residents, understanding the rights and obligations of both tenants and landlords becomes increasingly important. Here’s what you need to know about landlord entry and tenant rights in the state.

Can Landlords Enter Unannounced?

Tenant's Right to "Quiet Enjoyment":

• According to Isaac Sturgill of Legal Aid of North Carolina, state law mandates that landlords must respect the tenant’s right to “quiet enjoyment” of the property. This means that tenants should be able to live in their rental without undue disturbances from the landlord.

When Can Landlords Enter?:

• Emergency Repairs: Landlords may enter the property unannounced in cases of emergency repairs, such as fixing a burst pipe or addressing other urgent issues that could cause significant damage or risk to tenants.
• Routine Inspections and Maintenance: While landlords can enter for routine inspections or maintenance, doing so without prior notice or a legitimate reason could be considered a violation of the tenant's right to quiet enjoyment.

State-Specific Regulations:

• North Carolina is one of 13 states that does not specifically limit when a landlord can enter a rental property. However, frequent and unjustified entries may still be challenged by tenants as harassment or a breach of their rights.

Practical Advice for Tenants and Landlords

• Know Your Rights: Tenants should familiarize themselves with their rights under North Carolina law. Chapter 42 of the state statute, available at ncleg.gov, outlines the basic rights and obligations of tenants and landlords.
• Document Everything: Both tenants and landlords should keep detailed records of communications and any instances of entry to ensure that all interactions are properly documented.

Share Your Thoughts

Have you experienced a landlord entering your rental property unannounced? How did you handle the situation?

Do you think North Carolina should have stricter regulations on landlord entry? Share your thoughts and experiences on tenant and landlord rights in North Carolina.