North Carolina Renter Rights Overview

North Carolina is a beautiful state. The average apartment rent in Raleigh and other notable areas is around $1,955, making the rental market attractive. Our platform offers thousands of apartments for rent in Charlotte, Raleigh, and other neighborhoods.

Since we have thousands of apartments for rent in North Carolina, we decided to spotlight the state’s tenant-landlord laws. Let’s see how we can ensure your landlord follows state laws when negotiating your lease agreement.

Rental Application

• Application fee: Allowed (No specific amount stated)
• Rental agreement required: Yes (for a 1-year term and more)
• Screening rules: No specific rules

State laws do not set the exact application fee amount, but landlords are allowed to collect it. A landlord is also not required to refund this fee. 

The application fee is usually around $35-$75. This should include the credit report and background check along with the other application review services. We want to remind you that Rentberry allows tenants to send free applications. Also, our screening services cost only $24.99.

Security Deposit

• Pet deposit maximum: Not stated
• Security deposit maximum: 1-2 month’s rent
• Return deposit deadline: 30 days
• Security deposit interest: Not stated
• Legal reasons to keep security deposit: List of damages

There are plenty of ins and outs that you should know about the North Carolina laws that regulate how a landlord should charge and return security deposits.

First, there are two possible scenarios and two maximum rent deposits in North Carolina.

• 1-1,5 month’s rent — for those lease agreements with less than two months term
• Two month’s rent — for all lease agreements with longer-term

Pet deposits are also allowed, but state laws do not specify the maximum amount. It should be reasonable and can be non-refundable.

Your landlord must return your security deposit within 30 days after you move out. If he doesn’t finalize his damage claim, he can send you an interim accounting after 30 days and the full one after 60 days.

Once your landlord collects your security deposit, he must provide you with the name and address of the bank where this deposit will be stored.

NC state laws do not specify anything regarding interest-bearing account obligations. 

Security and Comfort

• Smoke alarms: Required
• Rekey requirements: Not stated
• Notice before entry: Not required
• Entry while a tenant is absent: Allowed

NC state laws require your landlord to install smoke alarms with lithium batteries in the rental property. Carbon monoxide detectors are also required.

Unfortunately, the law doesn’t regulate the entry notice rules, so your landlord is not required to notify you before entering the rental. However, he can only do that if:

• He needs to do maintenance or repair
• He wants to show an apartment to another tenant
• There is an emergency

As you can see, this can be a real problem cause all of these reasons can be faked. Ensure you note this in your lease agreement before you eSign your lease.

Rental Payments

• Maximum rent: No rent control
• Late fees: $15 or 5% of rent payment
• Rent increase: No statute regarding the amount of notice
• Right to withhold rent for failure to provide essential services (water, heat, etc.): Allowed
• Tenant’s right to repair and deduct rent: Allowed

First, there is no maximum rent amount that a landlord is allowed to charge you. North Carolina has no rent control, so it’s up to the market to decide. 

You can be charged late fees whenever you’re late with your payment. Your landlord can charge you no more than $15 or 5% of your monthly rent payment (depending on what’s greater). This late fee can be applied only after the rent payment is five days late. 

Each late rent payment can result in only one late fee. It’s a pretty fair law that covers your rights well.

Unfortunately, there is no statute that regulates the amount of notice required for rent increases. Your landlord must follow the 7-day notice rule for any changes to your lease agreement details (just as he has for a tenancy ending).

If you have a reason to believe that your landlord is exercising the rent increase to discriminate against you (for example, because of your race), the state will defend you. If he/she uses the rent increase as retaliation against you, you have a right to oppose these unfair actions. 

You can withhold rent payments if your landlord fails to keep the rental livable. 

When your landlord refuses to repair the most critical parts of your rental that make the unit livable, you can:

• Call the authorities and local inspectors
• Make the repairs yourself and deduct the cost from the rent
• Withhold rent
• Pay the rent in full, but then sue your landlord and get the difference between the money you paid and the money you spent on the repairs
• Move out

Lease Terminations

• Notice to terminate lease: 7 days
• Eviction notice for not paying rent: 10-day demand to pay rent
• Eviction notice for lease violation: Not necessary
• Move-out-inspection: Required

NC laws require landlords to provide you with a 7-day notice asking to vacate the rental unit. When you move out, you have to have a walkthrough with your landlord to perform the move-out inspection. 

Landlords can evict tenants for non-payment of rent. If you do not pay rent as promised, the landlord will provide you with a 10-day demand to pay rent. After that, your landlord can file an eviction.

Do not violate your lease conditions. Otherwise, your landlord will have a chance to skip the step of giving you a chance to cure the violation and proceed to eviction.

• Landlord and Tenant Law
• Official North Carolina Statutes

Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only and do not consider this article a substitute for legal advice. Some situations are unique, and consulting with a qualified lawyer or appropriate government agencies is always better.

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