A North Carolina sublease agreement is a legal document permitting a new renter (or “subtenant”) to live in a part of or all of a property already being rented by a tenant (the “sublessor”). As long as the original lease doesn’t ban subletting, a sublessor can rent out their property to someone else with the landlord’s permission.
In North Carolina, a tenant may sublet all or part of their currently rented property to a subtenant. This arrangement is often mutually beneficial because it allows the original tenant to earn some extra income and gives the subtenant a desirable place to live.
Laws & Requirements
Sublease and Assignment Provision Laws: No.
Landlord-Tenant Laws: North Carolina General Statutes Chapter 42 (Landlord and Tenant)
Security Deposit Obligations: A sublessor must return a security deposit within 30 days of the sublease’s termination.
Notices: If a subtenant doesn’t pay rent, a sublessor must give them 10 days’ written notice to pay the rent amount in full or leave the property. If a sublessor plans not to renew the sublease or original lease, they must give two days’ notice for week-to-week leases, seven days’ notice for month-to-month leases, and 30 days’ notice for year-to-year leases.
Permission to Sublet
- Laws: North Carolina law neither explicitly grants nor prohibits tenants the right to sublet, nor does it regulate the practice.
- Explicit Written Consent: Will require the landlord’s consent for subleasing.
- Landlord’s Right to Deny: A landlord may refuse a tenant’s request to sublet, provided the refusal is based on reasonable grounds.
Tax Obligations
Tax rates
In North Carolina, sublessors may incur taxes if they sublet a property for 90 days or less. [1]
Sales and use tax must be paid on gross receipts from renting a private residence, unless the rental period is fewer than 15 days within a calendar year. [2]
- North Carolina State Sales Tax: 4.75% [3]
- County and city sales/use tax (varies by location)
- County, city, or special jurisdiction occupancy tax (varies by location)
Sample
Download a North Carolina sublease agreement template in PDF or Word format below:
Related Documents
Rental Application
Assess if a potential subtenant meets the subletting criteria for the property.
