Free North Carolina Rental Lease Agreement

North Carolina Rental Lease Agreement

Before you find a rental unit in North Carolina, put those rental units on the market, and fill a rental lease agreement form online, take time to understand the rental laws applicable?

  • Official Rules and Regulations

    • Landlord and Tenant Laws – N.C. General Statute §§ 42

    • State Fair Housing Act – N.C. General Statute §§ 41A

    • Small Claim Actions In District Court – N.C. General Statute §§ 7A-19

    • Guides: North Carolina Private Landlord/Tenant Law Overview and the North Carolina Landlord-Tenant Booklet

Security Deposit

The security deposit maximum – the North Carolina rental lease agreement should state that the security deposit maximum shouldn’t exceed two weeks for weekly tenancies, 1.5 months for monthly tenancies and 2 months’ rent for tenancies greater than one month.

The permitted uses of the security deposit are highlighted in the NCGS § 42-51

The deadline for returning the security deposit is 30 days unless the landlord requires more time to evaluate damages. If that is the case, an interim notice should be sent within 30 days, and a final determination done within 60 days.

No statute governs the security deposit interest.

Setting up of a separate security deposit bank account is a requirement of the lease agreement. The landlord should deposit funds in a trust account with a licenses savings institution or an insured bank. At the same time, the landlord should notify the tenant within 30 days after the start of a lease term of the name and the addresses of the bank o the financial institution they are to deposit their funds.

Pet deposits. In the state of North Carolina, reasonable non-refundable pet deposit is allowed.

Advance notice of deposit withholdings isn’t allowed

No statute guides record keeping of deposit withholdings or the receipt of the security deposit.

Rent, Lease, and Fees

The state of North Carolina has no statutes for rent’s due date, rent increase notices, prepaid rent, or application fees.

The rent grace period is 5 days

Late fees apply but only if rent is due in monthly instalments where the landlord could charge up to $15 or 5 percent of the monthly rate; whichever is greater. For weekly installments, the landlord may charge $4 or 5 percent of the weekly rent.

Additional fees are applicable in specific cases.

The returned check fees attract up to $25.

Unless a civil magistrate or judge directs, the tenant cannot withhold rent if the landlord fails to provide essential services like water and heat.

The state of North Carolina has not set up any statutes allowing tenants to repair and deduct rent.

The landlord cannot recover the court and the attorney fees

No statute states whether or not the landlord must make a reasonable attempt to mitigate damages or any attempts to rerent.

Notices and Entry.

Termination of fixed-end date leases in North Carolina is not guided by any statutes. Even so, no notice is required because the lease will expire eventually.

For the termination of yearly leases, a month’s notice or even more should be given at the end of the current year of the tenancy.

The termination of monthly leases requires a week-long (7-day) notice while the termination of a weekly lease requires a 2-day notice.

The notice of termination of tenancy when leasing space for a manufactured home spans 60 days.

The North Carolina rental lease agreement and the rental laws in the state do not have any statute for giving notices for date and time of move-out inspections.

In the event of nonpayment, the notice of lease termination is 10 days long yet, termination of the lease is immediate in case of lease violations.

No statute governs whether or not notice is required before entry but a 24-hour notice is recommended.

No statute governs entry without notice for non-emergency repairs and maintenance works, showings, emergency entry, or entry after a tenant’s extended absence, and the use of pesticides.

Lockouts and utility shut-offs are unacceptable in the rental lease agreement in North Carolina.

What happens in the event of self-help evictions? A tenant evicted unlawfully means that the landlord is liable for the actual damages the tenant incurs.

What happens in the event of abandonment of personal property? After 10 days of lawful repossession of property, the property is deemed abandoned. A formal communication should be issued in and out of the property. The law sets out what the landlord should do

Disclosures and Miscellaneous Notes

This section of the lease agreement outlines the duties of the landlord and the tenant, domestic violence situations, retaliation, or lead disclosure.

Court and Legal Matters

The North Carolina Small Claims Court has set its limits at $10,000. The courts also allow eviction cases.

You might get help from the Department of Justice, the court system, bar association, legal aid and other sites offering legal help.

Business Licenses

Counties and local cities may require business licenses but, the state of North Carolina doesn’t have state-wide statutes on the licenses.

For free and fast drafting of your North Carolina rental lease agreement form, fill up the the details above.