North Carolina Residential Lease Agreement

A North Carolina Standard One (1) Year Lease Agreement is the standard form of a residential lease. The lease will typically run for a year at which point landlord and tenant will have the option to renegotiate and renew the…Read more ›

View Document

North Carolina Commercial Lease Agreement

A North Carolina Commercial Lease Agreement covers a commercial entity renting a property for business or industrial reasons. Depending on the zoning laws and restrictions, a business may lease commercial property for industrial, office, retail, multifamily, and other commercial purposes.…Read more ›

View Document

North Carolina Month to Month Rental Agreement

A North Carolina Month to Month Lease Agreement is a shorter, more fluid agreement that begins every month when rent is paid and ends when the month is over, renewing when rent is paid again. This lease type is popular…Read more ›

View Document

North Carolina Rental Application

A North Carolina Rental Application Form is a document that allows the landlord or property owner to check on a potential tenants references and financial background. The state of North Carolina does not have any laws regulating the amount a…Read more ›

View Document

North Carolina Sublease Agreement

A North Carolina Sublet Agreement is a form that allows a tenant (referred to as the sublessor) to rent all or part of their property to a third party (referred to as the sublessee). This agreement is required if the…Read more ›

View Document

North Carolina Rental Laws

• North Carolina Chapter 42 Landlord and Tenant

Rental Laws

Security Deposit

A landlord may require a security deposit of up to two (2) months rent, if the lease is a One Year or more agreement. In a Month to Month Lease, a landlord may charge a security deposit of up to one and a half’s months rent. A security deposit must be returned within thirty (30) days of the tenant vacating the property, unless the cleaning and repair expenses cannot be finalized within that time, in which case the deadline is sixty (60 days).

Pets

A landlord also has the right to charge a nonrefundable cleaning deposit for any pets the tenant has.

Rent

There are no rent controlled properties in North Carolina, so there is no limit to how much a landlord can charge for rent. Rent is due in the amount and on the day specified in the lease. Failure to pay on time may result in a late fee. A late fee may only be charged if the rent is 5 days late and cannot be higher than 5% of the rent, or 15 dollars (whichever is higher). If a landlord fails to make important repairs, the tenant may withhold rent, or pay for the repair themselves and deduct the cost from rent.

Rent Increases

In a Month to Month Agreement, there are no specific restrictions on rent increases, so a rent increase requires seven (7) days notice before the rent increase takes effect. In a One Year Agreement, rent may not be increased or renegotiated until the lease has ended, unless a rent increase provision is included in the lease itself.

Rent Receipt

As in most states, a landlord is required to give rent receipts if requested. However, there is no law requiring the landlord to give rent receipts without being asked if the payment is in a certain form (such as cash or money order).

Eviction

On a fixed lease, a tenant cannot be evicted until the lease has terminated, unless the tenant has failed to pay rent or violates the terms of the lease. If the tenant fails to pay rent, the landlord must issue a written or verbal ultimatum, stating that the tenant must pay or face eviction. The landlord is then required to give the tenant ten (10) days to pay or move out, before beginning eviction proceedings.

On a monthly lease, the Landlord is required to serve written notice of termination and give the tenant thirty (30) days to move out before being evicted. If the tenant has failed to pay rent, the landlord is required to give the tenant seven (7) days to vacate the property.

The landlord is not permitted to evict a tenant without a Court Order and is not permitted to change locks, install deadlocks, shut off utilities or otherwise try to force the tenant to move.

Discrimination

In North Carolina, it is illegal to deny housing or otherwise discriminate against a tenant for the following reasons:

• race, color, national origin, sex, religion, family status, physical or mental disability
• Please note that age and sexual orientation are not covered

Landlord-Tenant Duties

Landlord

The landlord has the responsibility to keep the property and all common areas in fit and habitable conditions. If the property needs repairs beyond what the tenant can fix, upon written notice the landlord has the duty to fix including any electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities.

Smoke Detectors

Smoke detectors should be in good condition and properly working either powered by battery or electrically by the time the tenant moves in. The detectors should have the approval of Underwriters’ Laboratories, Inc or or other equivalent national testing laboratory approval, and install the smoke detectors in accordance with either the standards of the National Fire Protection Association. If a smoke detector breaks or needs repair, upon written notice, the landlord shall fix it within 15 days.

Tenant

First and fore most, the tenant’s most important responsibility is to pay the rent. Just like the landlord has responsibilities to keep the property and common areas in good condition, the tenant must keep the premises in which he/she occupies clean and in safe conditions. The tenant shall not intentionally damage or cause harm to the property in any way otherwise an eviction can be imposed.

For more info, see North Carolina General Statute 42-42.