A North Carolina lease agreement allows a tenant to rent a property from a landlord while following specific terms. A landlord includes information like their and the tenant’s identities, a property description, pet allowances, safety information, and security deposit specifics.
When making lease agreements, North Carolina landlords can ensure to include specific disclosures to remain in accordance with the law.
By Type
Rent-to-Own Lease Agreement
Allows a tenant to buy property from a landlord after their lease term expires.
Sublease Agreement
Establishes a sublease agreement, permitting the original tenant to rent to a third party while maintaining their obligations to the primary landlord.
Room Rental Agreement
Establishes guidelines for cohabiting in separate rented rooms within a larger property and defines financial duties formally.
Laws
Overview
Rent Control: No
Limit on Late Fees: Yes
Late Fees in Rental Agreement: Yes
Grace Period: Yes
License Required for Landlord: No
Required Lease Disclosures
Landlords should include the following lease disclosures in any lease agreements they create:
- Lead Paint Disclosure. A landlord should notify a tenant if the property was built before 1978 because older properties may contain lead-based paint (42 U.S. Code § 4852d).
- Notice of Abandoned Personal Property. Tenant personal property is deemed abandoned five to seven (5-7) days after lawful repossession and notice by the landlord and a failure to respond by the tenant. (NCGS § 42-25.9 and NCGS § 42-36.2)
- Security Deposit Notice. Landlords must notify a tenant, within thirty (30) days after the beginning of the lease, the name and location of the financial institution where the deposit is held. (NCGS § 42-50)
- Late Fees Disclosure. If the landlord decides to charge late fees for the rent, these fees must be explicitly stated in the lease agreement (NC Gen Stat § 42-46).
Security Deposit
A landlord may request no more significant than two weeks’ rent in security deposit for a week-to-week tenancy, one-half months’ rent for a month-to-month tenancy, and two months’ rent (NC Gen Stat § 42-51). A landlord must return the security deposit to the tenant within thirty (30) days of the lease’s end or termination (NC Gen Stat § 42-52).
Landlord Right of Entry
North Carolina doesn’t have a general or emergency statute requiring landlords to give notice before entering a property. However, landlords can provide reasonable notice as a courtesy to their tenants.
Small Claims Court
If a tenant needs to sue a landlord to receive part or all of their security deposit back, they can take the landlord to small claims court for no more than $10,000 (NC Gen Stat § 7A-210). Note that the exact monetary limit may vary depending on local guidelines.
Sample
Below, you can view our North Carolina residential lease agreement template and download it as a PDF or Word file:
