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.
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.
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.
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.
Rent and Fees
Rent Due Date: Rent in North Carolina is due on the date specified in the lease.
Application Fees: Rental application fees are not regulated in North Carolina.
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).
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.
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).
Security Deposits
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).
Tenant Screening and Fair Housing Protections
Protected Classes
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).
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.
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).
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.
Entry
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.
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.
Rent Demand Notice: 10 days to pay or quit (NCGS § 42-3). This notice is in accordance with North Carolina eviction laws.
Lease Violation Notice: Unspecified. Landlords in North Carolina may file for eviction immediately after a tenant has broken the lease.
Unconditional Violation Notice: Unspecified. Landlords in North Carolina may file for eviction immediately in case of severe violations illegal activity.
Other Laws and Facts About North Carolina
Reasonable, nonrefundable pet deposits are permitted in North Carolina (NCGS § 42-53).
The median rent rate in North Carolina is $1,850.
The median rent rate in Charlotte is $1,975.
14 thoughts on “North Carolina Landlord Tenant Laws”
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.
My water heater isn’t working, this started about 2 weeks ago kicking the breaker. The landlord had someone come out they reset the breaker and checked voltage to the water heater which they said was fine now I’m stuck with no hot water as the breaker won’t stay on which started again a day and half ago am unable to get into contact with my landlord I’m assuming since it’s Sunday. Have always paid my rent early what are my rights here in henderson county.
My husband and I have made complains about our neighbors, being very careless, by running and jumping on the walls, we have gone to Management and complained, they made reports, my husband sleeps at night , because he works 12 hours a day, so he sleeps when he gets home, we have only been in the apartment since March 28,, so the short time we have been here totally chino. I want to what my rights are and if I can do anything about it, we are not ready to move yet. Not to mention what wil cost to move
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!
Renting an apartment that we recently found out has black mold and septic issues that lease septic water in our bathroom what are our legal options?
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!
I have already signed a lease that states internet and trash and cable included now I’m being told I have to pay these items on my own when it’s in my lease irs included with the rent what can I do
Is there anything as tenants we can do, Landlord is telling us the house is too big for my family of 3 but her friend an elderly lady is by herself is not to big for. The house has black mold in the Air conditioning and under the house. Had to wait a month to fix septic tank til she was ready trying to use the bathroom as least as possible. Hand washing our clothes. She buried trash in the yard. We all witnessed it. Has harassed us for at least a year and a half. Enough enough.
I have a 20 day late fee , if they don’t pay it on 20th day can I began eviction papers
If renting apartment and everything isn’t fixed in the apartment are tenants still reliable to still pay rent?
So there’s a buuuunch of issues that I discovered in my unit after moving in, bugs, drains and appliances not working etc. do yall have a standard for move in conditions here?
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.
My water heater isn’t working, this started about 2 weeks ago kicking the breaker. The landlord had someone come out they reset the breaker and checked voltage to the water heater which they said was fine now I’m stuck with no hot water as the breaker won’t stay on which started again a day and half ago am unable to get into contact with my landlord I’m assuming since it’s Sunday. Have always paid my rent early what are my rights here in henderson county.
My husband and I have made complains about our neighbors, being very careless, by running and jumping on the walls, we have gone to Management and complained, they made reports, my husband sleeps at night , because he works 12 hours a day, so he sleeps when he gets home, we have only been in the apartment since March 28,, so the short time we have been here totally chino. I want to what my rights are and if I can do anything about it, we are not ready to move yet. Not to mention what wil cost to move
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!
Renting an apartment that we recently found out has black mold and septic issues that lease septic water in our bathroom what are our legal options?
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!
I have already signed a lease that states internet and trash and cable included now I’m being told I have to pay these items on my own when it’s in my lease irs included with the rent what can I do
Is there anything as tenants we can do, Landlord is telling us the house is too big for my family of 3 but her friend an elderly lady is by herself is not to big for. The house has black mold in the Air conditioning and under the house. Had to wait a month to fix septic tank til she was ready trying to use the bathroom as least as possible. Hand washing our clothes. She buried trash in the yard. We all witnessed it. Has harassed us for at least a year and a half. Enough enough.
I have a 20 day late fee , if they don’t pay it on 20th day can I began eviction papers
If renting apartment and everything isn’t fixed in the apartment are tenants still reliable to still pay rent?
So there’s a buuuunch of issues that I discovered in my unit after moving in, bugs, drains and appliances not working etc. do yall have a standard for move in conditions here?