North Carolina Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in North Carolina
What are the late fee regulations in North Carolina?
North Carolina law (N.C. Gen. Stat. § 42-46) sets specific limits on late fees. For monthly rentals, late fees cannot exceed $15 or 5% of the monthly rent, whichever is greater. Late fees can only be charged once per late payment and cannot be imposed until the rent is 5 days late. The lease must explicitly state the amount and timing of late fees. Landlords must provide written notice before assessing late fees.
What are the rules for security deposits in North Carolina?
Under North Carolina's Tenant Security Deposit Act (N.C. Gen. Stat. § 42-50), security deposits are limited to 1.5 month's rent for month-to-month rentals, and 2 month's rent for longer leases. Landlords must return deposits within 30 days after the tenant moves out, providing an itemized list of any deductions. The deposit must be held in a North Carolina trust account. Tenants should document the property condition at move-in and move-out with photos and a written inventory.
What are the eviction rules and tenant protections in North Carolina?
North Carolina requires: 1) 10-day notice for non-payment of rent, 2) 7-day notice for lease violations, 3) 30-day notice for lease termination in month-to-month tenancies. Self-help evictions are illegal under North Carolina law (N.C. Gen. Stat. § 42-25.6). Landlords must obtain a court order through summary ejectment. Tenants have protections under NC law and can only be evicted for specific statutory causes. The eviction process must follow proper legal procedures. Tenants may raise defenses including retaliation, discrimination, or habitability issues.
What are the maintenance requirements for landlords in North Carolina?
North Carolina law (N.C. Gen. Stat. § 42-42) requires landlords to maintain: 1) Building structural elements in good repair, 2) Plumbing, heating, and electrical systems in working order, 3) Weather protection and waterproofing, 4) Safe and sanitary common areas, 5) Compliance with local housing codes. North Carolina follows the implied warranty of habitability. Tenants must provide written notice of repair needs. If landlords fail to make necessary repairs within a reasonable time, tenants may file a complaint with local housing authorities or pursue legal action.
What notice is required for landlord entry in North Carolina?
North Carolina law requires landlords to provide reasonable notice before entering a rental unit. While the state doesn't specify an exact time frame, 24-48 hours notice is considered reasonable. Entry must be during reasonable hours unless there's an emergency. Landlords must have a legitimate purpose for entry such as repairs, inspections, or showing the unit. Tenants cannot unreasonably deny access. Unauthorized entry may violate tenant's right to quiet enjoyment and privacy and could result in legal action.
What are the rules for rent increases in North Carolina?
North Carolina law requires landlords to provide written notice before increasing rent: 7 days notice for week-to-week tenancies, 30 days for month-to-month tenancies, and 60 days for yearly leases (N.C. Gen. Stat. § 42-14). For fixed-term leases, rent can only be increased at renewal unless specifically allowed in the lease. Rent increases cannot be retaliatory or discriminatory. North Carolina does not have statewide rent control, but increases must be reasonable and cannot be used as retaliation against tenants exercising their legal rights. The lease must specify the amount of rent and when it's due.
What are my rights regarding repairs in North Carolina?
North Carolina tenants have repair rights under N.C. Gen. Stat. § 42-42: 1) Notify landlord in writing of needed repairs, 2) Landlord must make repairs within a reasonable time, 3) If landlord fails to make repairs affecting habitability, tenants may file a complaint with local housing authorities or pursue legal action. The law requires rental properties to meet basic standards of habitability including working plumbing, heating, and electrical systems. Tenants should document all repair requests and communications. For serious health/safety violations, tenants can contact their local housing inspector or file a complaint with North Carolina Consumer Protection.
What are the rules about security deposit deductions in North Carolina?
North Carolina landlords can deduct for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other lease violations. Under N.C. Gen. Stat. § 42-51, deposits must be returned within 30 days of move-out with an itemized list of deductions. Security deposits are limited to 1.5 month's rent for month-to-month rentals and 2 month's rent for longer leases. Tenants should document the unit's condition at move-in and move-out. Landlords who wrongfully withhold deposits may be liable for damages plus court costs. The deposit must be held in a North Carolina trust account.
What are North Carolina's requirements for smoke detectors?
North Carolina law (N.C. Gen. Stat. § 42-42(a)(5)) requires working smoke detectors in all rental units. They must be installed outside each sleeping area and on every level of the dwelling. Both smoke and carbon monoxide detectors are required in residential properties. Smoke alarms must be UL listed and properly maintained. Landlords must ensure detectors are working at the start of each tenancy and comply with the NC State Fire Code. Tenants are responsible for testing devices and replacing batteries during their tenancy. Tampering with detectors is prohibited and may result in fines.
What disclosures are required from North Carolina landlords?
North Carolina landlords must disclose: • Lead paint (pre-1978 buildings) as required by federal law • Security deposit terms and location (N.C. Gen. Stat. § 42-50) • Property manager/owner contact information • Utility arrangements and responsibilities • Any existing damage or defects • Notice of entry rights • Information about any outstanding code violations • Smoke and carbon monoxide detector compliance • Presence of known environmental hazards • Flood zone information (if applicable) • Tenant's rights and obligations under North Carolina law • Military personnel rights under N.C. Gen. Stat. § 42-45 • Available parking spaces and fees • Any HOA rules or restrictions that affect tenants
Tenant Support
Rental Assistance
Legal Aid
Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
