Free North Carolina Rental Lease Agreement


Sample North Carolina Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, North Carolina, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of North Carolina, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of North Carolina.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of North Carolina (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of North Carolina, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, North Carolina, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, North Carolina, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

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.

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NC Rental Lease Agreement

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