A North Carolina Rental Application is a helpful resource for landlords and property owners, allowing them to screen applicants quickly and efficiently before offering a lease agreement. Property owners must ensure they protect their rights without infringing on the rights of their renters.
Laws
- Application Fee – Non-refundable
- Fee Limits – No limits
- Security Deposit – § 42-51(b) – Landlord can charge a maximum of two months’ rent. For at-will tenancies, the maximum is one and a half months’ rent.
State Laws
For Tenants
Renters and applicants need to be aware of their rights. Under North Carolina landlord-tenant law, there is no limit to the maximum fee that a landlord can charge [1] .
It is prudent for property owners to avoid charging exorbitant application fees. The amount should be reasonable to cover the cost of processing the screening process. Otherwise, the landlord might have difficulty finding someone to rent their property.
If an application is approved, a landlord can ask the tenant for a security deposit as per § 42-50.
If the tenancy is extended beyond month-to-month, a landlord can charge up to two months’ rent as a security deposit. If the tenancy is on a month-to-month basis, the landlord can charge up to one and one-half month’s rent.
Landlords in North Carolina can charge a non-refundable pet deposit unless the lease permits returning the deposit [2] .
For Landlords
Landlords must avoid asking questions a court could view as discriminatory, but there are some exceptions.
Some of the most critical exceptions that landlords should know about include the following:
- Landlords can ask whether children will occupy the building if more than one family lives on the property.
- Landlords can ask about the applicant’s age if the property is an age-specific community. For example, there might be a senior living community where the age of the residents matters.
- As per 42 US Code § 3607 (a), the landlord can ask about the potential tenant’s religious beliefs if a religious organization controls the property.
Per the Federal and State Fair Housing Act, several questions are not permitted (apart from the exceptions above). They include:
- Race, color, or national origin
- Gender identity and sexual orientation
- Religious beliefs
- Family status or marital status
- Disability
Landlords may also require the State Sex Offender Registry
Sample
