N.C. Gen. Stat. § § 42-43
Tenant to maintain dwelling unit.
Operative Text
(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.)
North Carolina General Statute § 42-43 sets out a list of maintenance and care obligations that tenants must meet while occupying a rental dwelling. These include keeping occupied spaces clean and safe, properly disposing of waste, maintaining plumbing fixtures, avoiding deliberate or negligent damage to the property, and complying with applicable building and housing codes. Tenants are also responsible for damage within their exclusive control, with defined exceptions such as ordinary wear and tear or acts of the landlord, and must notify the landlord in writing when a smoke or carbon monoxide alarm needs repair or replacement.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-43, landlords play a complementary role to tenant obligations: at the start of each tenancy, a compliant operator ensures that smoke alarms and carbon monoxide alarms are operable, in good repair, and equipped with fresh batteries (unless a tamper-resistant 10-year lithium battery alarm is installed as required). When a tenant breaches any of the obligations listed in § 42-43, the statute requires the landlord to provide written notice of the breach except in emergency situations. Keeping clear written records of the unit's condition at move-in and throughout the tenancy helps document whether any damage falls within the tenant's responsibility or within the statutory exceptions such as ordinary wear and tear.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-43 outlines the specific upkeep duties tenants are expected to fulfill, including maintaining cleanliness, disposing of waste properly, avoiding damage to the premises, and replacing smoke and carbon monoxide alarm batteries as needed during the tenancy. Tenants are not held responsible for damage attributable to ordinary wear and tear, landlord actions, defective products supplied by the landlord, acts of uninvited third parties, or natural forces. If a landlord believes a tenant has violated § 42-43, the statute generally requires written notice before further action, and tenants who believe a notice is unwarranted may wish to consult a tenant-rights organization or legal aid provider to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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