Things You Might Not Know About the Residential Rental Agreements Act

Small claims magistrates are by now thoroughly familiar with GS Ch. 42, Art. 5, the Residential Rental Agreements Act (RRAA). Claims arising under the Act are routinely raised and determined in small claims court. Even so, there are a few aspects of the Act about which I often receive questions.

A Quick Overview

In 1977 North Carolina joined many other states in enacting legislation creating an implied warranty of habitability in every residential lease.The law requires landlords to furnish “fit and habitable” premises that comply with applicable housing codes and to maintain and repair premises as necessary to keep the premises in satisfactory condition. GS 42-42. The obligation of tenants to keep premises clean, safe, and undamaged (aside from normal wear and tear) is also detailed in the Act. GS 42-43. Notably, the Act specifies that the tenant’s obligation to pay rent and the landlord’s obligation to maintain the premises are “mutually dependent,” reversing the common law rule. GS 42-41. The rights and obligations created by the Act “are enforceable by civil action,” GS 42-44(a). which includes “recoupment, counterclaim, defense, setoff, and any other proceeding including an action for possession.” GS 42-40(1).