Are landlords required to provide air conditioning for North Carolina tenants? Here’s the law

Landlord-Tenant Laws About Rights to Air ConditioningPhoto byRentec Direct

Having a functioning air conditioning unit is essential during the hot North Carolina summers. For those living in apartments or rental properties, the lack of a reliable AC unit can make it difficult to feel comfortable.

Here's what renters need to know about their rights and responsibilities regarding air conditioning in North Carolina.

Do Landlords Have to Provide AC in NC?

In North Carolina, landlords are not legally required to provide air conditioning units in rental properties.

State law mandates that landlords must ensure “fit and habitable” living conditions, which include providing “operable heating facilities capable of heating living areas to 65 degrees Fahrenheit when it is 20 degrees Fahrenheit outside from November 1 through March 31.” However, air conditioning is not a required feature.

Is My Landlord Required to Fix My A/C?

Yes, if an air conditioning system is included in the lease, the landlord is required by law to repair it when notified by the tenant. It is important to document these requests to ensure proper follow-up.

What If Your Landlord Doesn’t Make Repairs?

If a landlord fails to make necessary repairs, North Carolina law permits tenants to seek money damages through rent abatement according to LawHelpNC.org.

Tenants can file an action in small claims court to obtain a rent rebate. Providing written notice of the needed repairs can strengthen the tenant’s case, as it serves as evidence that the landlord was aware of the issue.

Ways to prove landlord's knowledge of needed repairs:

• Written notice given to the landlord.
• Landlord visiting the premises and seeing the defects.
• Defects existing when the tenant moved in, with a promise from the landlord to repair them.
• An inspection by the local building inspector, who then notified the landlord of the needed repairs.

By understanding your rights and taking proactive steps, you can manage your living conditions more effectively, even without a provided air conditioning unit.