Whether you're a new landlord learning the ropes of North Carolina rental laws or a seasoned landlord looking to brush up on your state's rental rules, it's important that you take landlord-tenant laws into account before renting a home to a new tenant.
As a landlord in North Carolina, you're responsible for following North Carolina's landlord-tenant laws. These rules govern the rights of landlords and tenants in rental situations ranging from eviction processes to lease agreements and aid landlords in creating and maintaining a positive, fair relationship with tenants. In this article, we'll cover everything you need to know about North Carolina landlord-tenant laws so you can be confident that you're running your rental business in accordance with both state and federal law.
It's paramount for landlords like you to understand the essential North Carolina landlord tenant laws. This information can be found in the North Carolina state law code as well as the North Carolina Residential Rental Agreement Act, so be sure to look it over thoroughly before enforcing your own rental policies. Additionally, this summary is not exhaustive and these laws are subject to change at any time, so always conduct your own research and don't shy away from seeking legal advice on landlord-tenant questions or disputes in your locality.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
NEW! 2025 North Carolina Rental Laws
States may change or amend their landlord-tenant laws from year to year, and North Carolina is no exception. North Carolina passed and amended a few laws in 2024 that affect landlords and tenants, so it's important to stay up to date on these new laws for your area. Any modifications these laws cause to other landlord-tenant legislation are noted in the North Carolina General Statutes.
Tenancy In Common/E-Notary/Small Claims Changes (HB 556). This law establishes "tenancy in common" in North Carolina, clarifies summary ejectment (i.e. eviction) litigation costs, and prohibits landlords from refusing to rent to a tenant whose lawful source of income includes funding from a federal housing assistance program.
Recording of Court Filed Documents (SB 445). Passed in 2024, this law adjusts the process of appeals for an eviction as an "indigent" party and the rights of a plaintiff to request the dismissal of an appeal. It also prohibits fraudulent advertisements for renting, leasing, or selling a property and increases punishments for "willful and wanton" damage to property belonging to someone else.
Rights and Responsibilities of North Carolina Landlords and Tenants
Landlords and tenants in North Carolina are each offered certain rights and responsibilities. Usually, these are outlined within a lease or rental agreement, but these are only valid if they are compliant with federal and North Carolina landlord-tenant laws. When both parties adhere to the state and federal regulations, the rental process becomes easier for everyone involved, leading to better communication and satisfaction for both parties.
Below is a brief outline of landlord and tenant rights and responsibilities.
North Carolina landlords have the right to:
Collect rent according to the rental agreement.
Collect and hold a security deposit for the lease term. In the state of North Carolina, the required limit on security deposits is equal to 2 months' rent.
Withhold funds from the deposit if the tenant fails to pay rent, damages the unit beyond normal wear and tear, or is responsible for other unpaid fees and utilities.
Screen all residents that will be living in a unit.
Enter the rental unit periodically for inspections, showings, repairs, etc.
Begin the eviction process to terminate a lease if a tenant does not pay rent, engages in illegal activity on the premises, or otherwise violates the terms of the lease agreement.
Establish and enforce all other written lease agreement terms (e.g., pets, guests, parking, etc.), as long as they comply with North Carolina landlord-tenant laws.
North Carolina landlords are responsible for:
Providing safe, habitable housing. North Carolina's warranty of habitability requires that North Carolina landlords provide a "fit premises," including electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities or appliances.
Complying with all health, safety, and building codes. In North Carolina, many regulations for minimum building and housing are written and implemented at the local level, but state law still details that landlords must comply with any local laws. Be sure to research your city or locality's laws for more information.
Addressing maintenance and repair requestswithin a reasonable timeframe. This typically means within 24-48 hours for emergencies or critical repairs and 30 days for non-critical repairs.
Adhering to fair housing laws. Landlords must comply with the federal Fair Housing Act (FHA) as well as state fair housing laws in North Carolina, especially during tenant screening.
Providing reasonable advanced notice before entering the rental unit. While no specific advanced notice period is required in North Carolina, landlords often provide tenants with at least 24 hours' notice before entry in non-emergency situations.
Maintaining common areas. Common areas include hallways, laundry rooms, gyms, sidewalks, parking lots, and other spaces shared by tenants.
Paying the property taxes and insurance premiums for the property. These costs are often passed on to tenants through the rent pricing, but landlords are responsible for making the payments and maintaining appropriate coverage.
Following the proper legal procedures for evictions. "Self-help" evictions of tenants are illegal in every state, including North Carolina. Landlords must go through the entire legal North Carolina eviction process to remove a tenant.
Returning the security deposit within 30 days after the end of the lease.
North Carolina tenants have the right to:
Safe, habitable housing. Tenants have a right to housing with working utilities and appliances and that is free from pests, weather damage, and environmental hazards.
Legal justice in cases of landlord negligence, harassment, or discrimination. Tenants can sue landlords for violating the agreed-upon lease terms or breaking North Carolina tenant laws.
Prompt maintenance and repairs. According to North Carolina law, landlords usually a "reasonable period of time" to make repairs in the unit, depending on the severity of the problem. This often requires written notice from the tenant that an issue has occurred, unless the problem is an emergency.
Privacy and security in their home. All units should have working locks, and landlords should avoid unnecessary entry into units to maintain and respect tenant privacy.
Advanced notice before rent increases, terminations, evictions, or entry. Landlords must send advanced notice before any of these events.
“Quiet enjoyment” of the property. All tenants are entitled to use the property without intrusion or excessive disturbances from the landlord or neighbors.
Protection from retaliatory evictions. Tenants cannot be evicted for exercising their legal rights, filing a complaint against the landlord for violations, or reporting unsafe conditions on the property.
North Carolina tenants are responsible for:
Paying rent on time. Tenants are responsible for paying any applicable late fees, utilities, or pet fees.
Complying with all lease terms, so long as those terms comply with North Carolina state law.
Keeping the unit in clean and safe condition. This involves maintaining general sanitation, disposing of trash, etc.
Promptly reporting maintenance problems, especially in the case of an emergency.
Making certain minor repairs, like replacing smoke alarm batteries in the unit.
Paying for repairs if the tenant or their guest damages the rental property. Tenants are held responsible if a guest causes damage to the property.
Providing advanced notice of intention to move out. If a tenant plans on moving out at the end of the lease term, they must provide their landlord with reasonable advanced notice.
Not using the rental unit for an unintended purpose. For instance, if the property is residential, tenants are not permitted to use it to run a business.
North Carolina Required Disclosures
Required disclosures are information that landlords are legally obligated to share with tenants prior to moving into the unit, usually regarding any potential hazards, policies the landlord has set, or various rights of a tenant under the lease.
Below, you'll find a list of required disclosures for the state of North Carolina. These disclosures are usually included in North Carolina lease agreements, but some disclosures may require additional documentation.
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Security Deposit Location (NCGS § 42-50). Landlords in North Carolina must disclose to their tenants the name and address of the bank or institution where the deposit is located, or the name of the insurance company providing the bond, within 30 days after the lease term begins.
Utility Disclosure (NCGS § 62-110(h-i)). North Carolina landlords who agree to supply and pay for certain utilities in the lease must include a disclosure stating the owner’s liability should the utility company cut off service. If utility service will be cut off in the future due to nonpayment, the landlord must also give written notice to the tenant.
Residential Property Disclosure Statement (NCGS § 47E-4, 4.1). Owners who lease with the option to purchase properties with one to four dwelling units, if the lessee does not intend to occupy the dwelling, are required to provide this disclosure statement about the characteristics and condition of the property. Sellers who meet these criteria must also include the Mineral and Oil and Gas Rights Mandatory Disclosure Statement.
In North Carolina, rent control is banned, but there are other laws you should be aware of that regulate how you collect rent and other fees each month. Below are some of the most important rent and fee laws in North Carolina that you need to know:
Rent Payments
Rent Due Date: Rent in North Carolina is due on the date specified in the lease.
Rent Increases: Rent control is banned in North Carolina. No city or county in the state may “enact, maintain, or enforce any ordinance or resolution which regulates the amount of rent” for single-family or multi-unit residential or commercial properties owned privately (NCGS § 42-14.1).
Application Fees: Rental application fees are not regulated in North Carolina.
Late Fees: $15 or 5% of monthly rent, whichever is greater. If rent is due in weekly installments, landlords cannot charge more than $4 or 5% of weekly rent, whichever is greater (NCGS § 42-46(a)).
NSF/Bounced Check Fee Maximum: A new law passed by the North Carolina Legislature in 2019 increased the NSF fee maximum to $35 instead of $25 (NCGS § 25-3-506). If your tenant’s rent check bounces because of insufficient funds or no account, you may charge an NSF processing fee of up to $35.
Tenant Remedies
Withholding Rent/Repair and Deduct: If the landlord fails to make necessary repairs within a reasonable amount of time, tenants in North Carolina cannot withhold rent or repair and deduct unless agreed to in the lease. However, tenants may file an action in Small Claims Court for a rent rebate or refund (NCGS § 42-41).
North Carolina Security Deposits
The rules surrounding security deposits and how they're handled can be strict, down to exactly how they're permitted to be collected, kept, and returned at the end of a lease. Here are some important laws regarding security deposits in North Carolina:
Deposit Limit: Security deposits in North Carolina must not exceed two weeks’ rent for week-to-week tenancies, one and one-half months’ rent for month-to-month tenancies, and two months’ rent for terms greater than month to month (NCGS § 42-50).
Interest: No state statute requires North Carolina landlords to pay interest on security deposits.
Deposit Location: Security deposits should be deposited in a trust account with a licensed and federally insured depository institution, another authorized to do business in this State, or the landlord may furnish a bond from a licensed insurance company in North Carolina (NCGS § 42-50).
Withholding: Landlords may withhold funds from the security deposit for damage to the premises, damages due to nonpayment or nonfulfillment of the rental period, unpaid bills, the costs of re-renting the property after a breach of lease, the costs of storing the tenant’s property after eviction, and court costs for evictions (NCGS § 42-51). Landlords may not withhold funds for conditions due to normal wear and tear (NCGS § 42-52).
North Carolina Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants have legal protection against unfair housing practices in every state, including North Carolina. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits unlawful discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:
Accepting or denying tenant applications
Choosing the methods they will use to screen tenants
Advertising units
Writing listings
Deciding to increase rent
Allocating rent credits or discounts
Providing maintenance and service to the property
Evicting tenants
etc.
What are the protected classes in North Carolina?
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). The North Carolina Fair Housing Act reaffirms these protections (NCGS § 41A-4).
Use of Credit Reports
North Carolina landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
Criminal background checks may be used during tenant screening in North Carolina as grounds to refuse to rent a property (NCGS § 42-14.5). However, North Carolina landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Unlike many states, North Carolina does not have any laws regarding advance notice for landlords before entering a unit. Despite this, landlords generally tend to respect the privacy and space of their tenants by offering 24 hours' notice before entering the property for standard non-emergency situations as well as by entering during reasonable hours.
Advanced Notice: There is no state law in North Carolina requiring landlords to give advance notice before entering a property.
Permitted Times: North Carolina state law does not designate any time-of-day restrictions for entering.
Emergency Entry: There are no laws in North Carolina regarding emergency entry without notice. Since landlords are not required to give advanced notice before entry, emergency entry is also permitted.
North Carolina Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in North Carolina, consider hiring an experienced real estate attorney and be sure to review the North Carolina eviction process in more detail. Evictions tend to be expensive, time-consuming processes, so consider whether the problem could be resolved through other means like an agreement or stronger landlord-tenant communication before filing for an eviction.
In North Carolina as in every state, the first step to an eviction is to serve a formal eviction notice. These notices are associated with different reasons for eviction that coincide with the number of days the tenant has to fix the issue, noted below:
Rent Demand Notice: 10 days to pay or quit. If a tenant tries to unlawfully withhold rent payments or is otherwise responsible for unpaid rent by the time it is due and the lease does not specify how many days' notice will be given, the landlord must provide a notice for 10 days to pay or quit (NCGS § 42-3). This notice is in accordance with North Carolina eviction laws.
Lease Violation Notice: Unspecified. If a tenant has violated the terms of the lease, landlords in North Carolina reserve the right to file for eviction immediately.
Unconditional Violation Notice: Unspecified. Landlords in North Carolina are allowed by law to file for eviction immediately in case of severe violations to the lease, such as illegal activity on the premises.
Squatters are individuals who move into a property without permission from the owner. Evicting squatters in North Carolina, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in North Carolina, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.
Reasonable, nonrefundable pet deposits are permitted in North Carolina (NCGS § 42-53).
The average rent rate in North Carolina is $1,850.
The median rent rate in Charlotte is $1,965, 6% lower than the national average.
Conclusion
Landlord-tenant laws in North Carolina may seem complex, especially since they're subject to change as new laws are passed or old ones are amended. However, it's paramount that you, either as a landlord or tenant, are in compliance with these laws. If you fail to adhere to North Carolina's landlord-tenant laws, you risk incurring fines and penalties or hurting your reputation in the real estate community. By ensuring that you understand and follow federal and state landlord-tenant laws, you can be sure you'll have an easier, smoother rental experience.
FAQs
How long does a landlord have to return a security deposit in North Carolina?
In North Carolina, the Residential Rental Agreement Act requires that "the landlord must return the deposit within thirty days of the end of the lease."
What is the eviction process in North Carolina?
The North Carolina eviction process can be confusing or complex, so landlords who are unfamiliar with this process or need other help should reach out to experienced legal counsel before taking any legal action. Generally, North Carolina landlords must serve an eviction notice, provide the necessary notice period (some don't require a period to cure or quit, but rent non-payment requires 10 days to pay or quit), then file an eviction lawsuit with the court in order to evict a tenant.
Can a landlord charge late fees in North Carolina?
Yes, landlords in North Carolina can charge a late fee is a tenant is behind on rent payments. The late fee limit is $15 or 5% of a month's rent (NCGS § 42-46(a)), and the minimum grace period a landlord must provide their tenants with is 5 days.
How much can a North Carolina landlord charge for a security deposit?
Security deposits in North Carolina are limited to two weeks’ rent for week-to-week tenancies, one and one-half months’ rent for month-to-month tenancies, and two months’ rent for terms greater than month to month (NCGS § 42-50).
Can a landlord raise rent during the lease term?
No, North Carolina landlords can't raise the rent during the lease term and are required to wait until the original lease is up to increase rent. However, North Carolina has banned rent control, meaning landlords can increase rent any amount they see fit once the lease is over.
Can a landlord evict a tenant immediately for violating a lease in North Carolina?
Tenants who have not paid rent are legally obligated to be provided with 10 days to pay or quit or face eviction, but lease violations or unconditional violations such as illegal activity on the property can allow the landlord to file for eviction immediately. Landlords should never attempt to do a "self-help" eviction and should always refer to the courts to take action against a tenant.
6 thoughts on “North Carolina Landlord Tenant Laws [2025]”
Is the landlord required to issue full disclosure about the condition of the property to the tenant?
Federal, state, and local laws frequently mandate that landlords disclose specific information and policies to tenants. While these regulations can vary by location, they generally require landlords to provide these disclosures before tenants move in. I’m not certain about the specific aspect of ‘property condition’ you are referring to, but we recommend checking your local and state laws for guidance. Innago offers valuable real estate educational resources to its users, but please be aware that we cannot provide legal advice.
How can I get help for eviction for non payment of rent.
Hey Betty, Innago offers valuable real estate educational resources to its users. Unfortunately, we are unable to provide any legal advice for evictions due to the non-payment of rent. Nonetheless, we wish you the best of luck!
What if you never signed a lease and the landlord decides to sell the house
Hey Michael! Innago offers valuable real estate educational resources to its users. Unfortunately, we are unable to provide any legal advice for your specific case. Nonetheless, we wish you the best of luck!
Is the landlord required to issue full disclosure about the condition of the property to the tenant?
Federal, state, and local laws frequently mandate that landlords disclose specific information and policies to tenants. While these regulations can vary by location, they generally require landlords to provide these disclosures before tenants move in. I’m not certain about the specific aspect of ‘property condition’ you are referring to, but we recommend checking your local and state laws for guidance. Innago offers valuable real estate educational resources to its users, but please be aware that we cannot provide legal advice.
How can I get help for eviction for non payment of rent.
Hey Betty, Innago offers valuable real estate educational resources to its users. Unfortunately, we are unable to provide any legal advice for evictions due to the non-payment of rent. Nonetheless, we wish you the best of luck!
What if you never signed a lease and the landlord decides to sell the house
Hey Michael! Innago offers valuable real estate educational resources to its users. Unfortunately, we are unable to provide any legal advice for your specific case. Nonetheless, we wish you the best of luck!