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This is the Law: Landlords and Tenants


Housing Code Q&A for Owners and Tenants


Community Action Contact Information





    Resources for Owners and Tenants


    Housing Code Questions & Answers


    What is the Housing Code?

    Answer: The Housing Code is the law that says all homes in the City of Durham should be safe, livable and healthy. ("Homes" means single-family houses, apartments, boarding rooms and all other living units.) All homes must have heat, a smoke detector, door locks and good maintenance. Most basic maintenance concerns such as heating, electrical and plumbing problems, leaking roofs or broken windows are covered by the Housing Code. Concerns about appearance, such as worn carpeting, are not covered.

    How do I get my home repaired?

    Answer: When repairs need to be made to your home, notify your landlord in writing. In an emergency, call first and then write. You can hand-write your request for repairs. If the landlord does not make repairs promptly, call the City Housing Inspectors at 560-4570.

    Can my landlord evict me for riling a housing code complaint?

    Answer: NO! It is illegal for a landlord to evict a tenant for filing a housing code complaint with a Housing Inspector for 12 months. But you must continue to pay rent and follow any other requirements in the lease. If threatened with a retaliatory eviction, contact the Housing Inspector and Legal Assistance, 688-6396.

    Can I report housing problems without using my name?

    Answer: Yes. But, because of the type of problem reported, the landlord may know that the tenant has complained. If you are uncomfortable filing a complaint on your own, you could consider contacting your neighborhood organization or religious institution to file a complaint as a group. You do not have to live in the home in order to report a housing code violation.

    My landlord is refusing to make repairs to my home. Do I have to pay my rent?

    Answer: YES! You have to pay your rent. You can go to Small Claims Court to get your rent reduced until your home is repaired. Call the Clerk of Court, 560-6823, to find out how to file a complaint in Small Claims Court. The cost of filing a complaint is $39, but you can ask for the fee to be waived, or, if you win, the fee is paid back.

    If you plan to go to Small Claims Court, you should keep copies of all of your requests to your landlord for repairs. You should always request repairs in writing, unless it is an emergency.

    You can go to Small Claims Court by yourself or with a lawyer.

    I can't afford a lawyer. How do I get legal help?

    Answer: You can get free legal help from North Central Legal Assistance, if you meet income qualifications. If you do not qualify for assistance, they will refer you to a lawyer. Call Legal Assistance at 688-6396.

    What is my landlord required to provide in my home?

    Answer: This list includes some items a landlord is required to provide.

    Source of Heat: Central or space heating units designed for continuous use and able to safely heat all rooms must be provided. Portable kerosene or electric heaters are not adequate.

    Smoke Detectors: All sleeping areas must have smoke detectors (battery or electric).

    Electrical: Wiring should be enclosed. Light switches and outlets should be safe to use.

    Hot Water: A water heating unit is required.

    Plumbing: Safe water must be supplied. Plumbing and fixtures should be maintained in good working condition and should not leak. Pipes should be protected from freezing.

    Roofs: The roof should be weatherproof with no leaks.

    Locks: All exterior doors must have locks that can be operated from inside and outside the home (such as dead bolts or night latches). Barrel bolts and padlocks are not adequate.

    Screens or Air Conditioning: Landlords do not have to provide air conditioning. Homes without central air must have screens on all operable doors and windows in good repair from May I through November 1.

    Windows: Windows should be easy to open and close. Glass should not be broken.

    Railings must be on steps over 4 feet high.

    Adequate Kitchen Cabinet Space: Kitchens must have adequate counter space and enclosed kitchen cabinets.

    What are the responsibilities of a tenant?

    Answer: The tenant is responsible for paying rent on time, not deliberately damaging the home, keeping the property clean and safe, and informing the landlord of needed repairs in writing. If it is an emergency, call the landlord immediately, then write a note as soon as possible.

    There are rats in my crawl space. Is this a housing code violation?

    Answer: Yes. Rats are a violation of the Housing Code. If the rats are entering your home because of holes or other problems, the landlord is responsible for making repairs. The landlord is required to exterminate the rats if you are renting an apartment with 2 or more units. The tenant is responsible for extermination in a single-family home.

    If rats are a problem outside your home, call Animal Control at 560-0630.

    Who should I call if my home or yard floods when it rains?

    Answer: Call and write your landlord if the flooding causes water to enter the home or the crawl space. If your landlord does not respond, call a Housing Inspector, 560-4570.

    What can I do if there are weedy lots or overgrown yards in my neighborhood?

    Answer: If the weeds are higher than 12 inches and within I 00 feet of a public street or within 50 feet of a home, call a Housing Inspector, 560-4570.

    What do I do if there is an abandoned vehicle on my street?

    Answer: If the vehicle is on private property, call a Housing Inspector at 560-4570. If it is on the street, call the Police, 911 or 560-4427.

    How do I get old appliances picked up?

    Answer: You can get bulky items picked up by the City at a cost of $20 for up to five items. If you bring items to the landfill, the charge is $8 for a truck and $1 for a car. Four or fewer appliances, with no other items, can be brought to the landfill free.

    During the City's Spring Clean Days or neighborhood clean-up days, pickup is free. For information, call Solid Waste Management at 560-4185.

    What can I do if people are selling drugs in a home in my neighborhood?

    Answer: Call 911 and your Community Police Officer at 560-4317. Community Police Officers work on neighborhood problems with residents.

    If police document at least two occurrences of drug activity at a property in the past five years, the City can file a lawsuit against the property owner. If the City wins, the owner will lose ownership of the property.

    If you own or live in housing built during or prior to 1978, you probably have lead-based paint in your home. Lead-based paint that is flaking, peeling, chipping or chalking can be a hazard. High levels of lead can lead to poisoning and affect the development of young children.

    How do I find out if my child has been exposed to lead?

    Answer: Children under six years old should be tested for lead. -Free blood tests are done at the Health Department on a walk-in basis. Contact the Health Department, 560-7601.

    How do I find out if my home has lead hazards?

    Answer: To find out if your home has lead hazards, get your family tested for lead. If a child less than six years old has elevated lead, the Health Department will do free tests of your home, and other places the child stays.


    You may be able to get your home tested by the Northeast Central Durham PFACH Project, 560-6422. For a list of testing laboratories, call the Health Department's Environmental Health Division, 560-7800.

    Who is responsible for reducing lead hazards in my home?

    Answer: If a child under age 6 has elevated lead levels, the Health Department will require the owner to abate any lead hazards in a home where the child lives or stays.

    For more information, contact the Environmental Health Division, 560-7800.

    I am a homeowner and cannot afford to repair my house. Can I get help?

    Answer: Yes. Loans and grants are available to help low-income homeowners repair their homes. Call the City Department of Housing at 560-4570.

    I am a renter and I want to buy my own home. Can I get help?

    Answer: Yes. Loans and workshops are available to help first-time home buyers. For more information, call the Durham Affordable Housing Coalition at 683-1185, the Consumer Credit Counseling Service at 688-3381, or the City Department of Housing at 560-4570.

    I need to find an affordable home to rent. Can I get help?

    Answer: Yes. You can apply for Section 8 vouchers or public housing at the Durham Housing Authority, 330 East Main Street, 683-1551. Operation Breakthrough's housing counselors can be contacted at 682-9657.

    Important Phone Numbers

    City Housing Department 560-4570

    Housing Inspections,

    Weedy Lots & Repairs

    Health Department 560-7600

    Environmental (Lead) 560-7800

    Animal Control 560-0630

    Police 911

    Community Police Officers 560-4317

    Clerk of Court 560-6823

    Legal Assistance 688-6396

    Consumer Credit Counseling 688-3381

    Durham Affordable Housing 683-1185

    Durham Community Land Trust 490-0063

    Durham Housing Authority 683-1551

    Northeast Central Durham 560-4369

    NECD PEACH Project (Lead) 560-6422

    Operation Breakthrough 682-9657

    Public Information 560-4482

    Solid Waste (Bulky-Item Pickup) 560-4185

    Produced by:

    Durham Department of Housing, Durham Affordable Housing Coalition, Southwest Central Durham Neighborhood Council and Partners Against Crime/PAC, Northwest Central Durham PAC, Southeast Central Durham PAC, and Northeast Central Durham PAC.