Durham Landlord-Tenant Rules
Durham adds local rules on top of North Carolina landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| State preemption | North Carolina bars cities and counties from regulating the amount of rent on private residential property, and from prohibiting landlords from refusing tenants whose rent would be paid partly with federal housing assistance (vouchers). The exceptions: government-owned property, subsidized or CDBG-assisted properties, and owners or operators that receive local funding or incentives. State law also sharply limits local rental registration, permits and periodic rental inspections. Durham has no rent control and no source-of-income ordinance for private landlords; state law (see the North Carolina page) governs leases, deposits and evictions. Rental registration and inspection limits: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_160D/GS_160D-1207.html |
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| Local fair housing protected classes | The City's Human Relations Division enforces the federal Fair Housing Act and the City of Durham Fair Housing Ordinance, which bans housing discrimination based on race, color, national origin, religion, sex, disability, familial status, military status, protected hairstyles, sexual orientation and sexual identity. Sexual harassment of tenants is also prohibited. File online or call 919-560-4570. Complaint deadline not stated. |
| Rental registration/inspection | Durham's Proactive Rental Inspection Program (PRIP), passed March 5, 2012, has two parts: scheduled inspections of all rentals in a Council-designated area, and reasonable-cause inspections anywhere in the city (for example after a complaint, visible violations, or repeated verified violations). Rentals with repeated verified Minimum Housing Code violations must register with Neighborhood Improvement Services; the 2012 fees were $200 a year (two or fewer units) and $400 a year (three or more). There is no charge for the first inspection or first re-inspection. A tenant may request an inspection at any time, anywhere in the city. The FAQ is from 2012 and says registration is triggered by three or more violations in a year. State law now allows registration only for properties with more than four verified violations in a rolling 12 months, or in the top 10% for crime or disorder, and caps related fees at $500 a year, so the 2012 trigger and fees may no longer apply. |
| Habitability/code enforcement & complaint line | The Code Enforcement Division (Neighborhood Improvement Services) enforces the Minimum Housing Code (City Code Ch. 10, Art. VI) and the unsafe buildings rules. Report violations through Durham One Call, 919-560-1200, or call Code Enforcement at 919-560-4570 (Monday to Friday, 8 a.m. to 5 p.m.; 101 City Hall Plaza, Ground Floor, Suite 0200). |
| Eviction diversion & legal aid | The Durham Eviction Diversion Program, a partnership of Legal Aid of North Carolina's Durham office, Duke Law's Civil Justice Clinic and Durham County Social Services, combines free legal help, tenant education and rental assistance for low-income Durham County renters facing eviction. Go to Legal Aid's courthouse clinic (3rd floor, Room 3200, Monday to Friday, 9 a.m. to noon) with your court papers, lease and rent ledger, or call 984-212-4404 during those hours. Source: Official source |
| Local rental assistance | Durham County Social Services runs rental assistance for Durham County residents who have a past-due notice, rent demand letter or eviction notice. Requirements include a sudden loss of income linked to the arrears, household income within 150%-200% of the federal poverty level depending on the program, and being at least two months behind or in eviction court. Call 919-560-8000; people with a court-filed eviction are placed on an Eviction Court Referral List. Funding levels and wait times are not stated. Source: Official source |
Eviction cases in Durham are heard in: Durham County Small Claims Court (magistrate, summary ejectment); filed with the Clerk of Superior Court, Civil Filings, 510 S. Dillard St., (919) 808-3003; appeals to District Court
Right to a lawyer in eviction cases
No. No right-to-counsel program for tenants was found; free representation is available through the Durham Eviction Diversion Program for eligible tenants. Official source
Local agencies
- Durham Code Enforcement Division (Neighborhood Improvement Services) — Enforces the Minimum Housing Code and runs rental inspections. 919-560-4570; Durham One Call 919-560-1200.
- Durham Human Relations Division — Investigates housing discrimination complaints under the City Fair Housing Ordinance. 919-560-4570.
- Durham County Department of Social Services, Crisis Unit — Rental assistance and eviction-court referrals. 919-560-8000.
- Legal Aid of North Carolina, Durham Eviction Diversion Program — Free eviction defense and courthouse clinic for low-income tenants. 984-212-4404.
Frequently asked questions
What landlord-tenant rules does Durham add on top of North Carolina law?
State preemption: North Carolina bars cities and counties from regulating the amount of rent on private residential property, and from prohibiting landlords from refusing tenants whose rent would be paid partly with federal housing assistance (vouchers). The exceptions: government-owned property, subsidized or CDBG-assisted properties, and owners or operators that receive local funding or incentives. State law also sharply limits local rental registration, permits and periodic rental inspections. Durham has no rent control and no source-of-income ordinance for private landlords; state law (see the North Carolina page) governs leases, deposits and evictions.; Local fair housing protected classes: The City's Human Relations Division enforces the federal Fair Housing Act and the City of Durham Fair Housing Ordinance, which bans housing discrimination based on race, color, national origin, religion, sex, disability, familial status, military status, protected hairstyles, sexual orientation and sexual identity. Sexual harassment of tenants is also prohibited. File online or call 919-560-4570.; Rental registration/inspection: Durham's Proactive Rental Inspection Program (PRIP), passed March 5, 2012, has two parts: scheduled inspections of all rentals in a Council-designated area, and reasonable-cause inspections anywhere in the city (for example after a complaint, visible violations, or repeated verified violations). Rentals with repeated verified Minimum Housing Code violations must register with Neighborhood Improvement Services; the 2012 fees were $200 a year (two or fewer units) and $400 a year (three or more). There is no charge for the first inspection or first re-inspection. A tenant may request an inspection at any time, anywhere in the city.; Habitability/code enforcement & complaint line: The Code Enforcement Division (Neighborhood Improvement Services) enforces the Minimum Housing Code (City Code Ch. 10, Art. VI) and the unsafe buildings rules. Report violations through Durham One Call, 919-560-1200, or call Code Enforcement at 919-560-4570 (Monday to Friday, 8 a.m. to 5 p.m.; 101 City Hall Plaza, Ground Floor, Suite 0200).
← All North Carolina landlord-tenant rules
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.