As a landlord or a property manager in the state of North Carolina, it's critical to understand the rights of you and your tenants to foster a healthy landlord-tenant relationship, protect your investment, and ensure legal compliance. North Carolina renter's rights will differ from your own, so the more you understand them, the better your combined rental experience will be.
Understanding landlord-tenant rights is essential whether you're a landlord, property manager, or tenant. In this comprehensive guide, we'll dive into the fundamentals of North Carolina's landlord-tenant laws, helping you navigate the rental process while abiding by state regulations. We'll go over leases, rights and responsibilities, repairs and maintenance, and evictions and foreclosures.
North Carolina Law Updates 2026
There are a few notable landlord-tenant updates in the last few years. While most of the legal framework remains unchanged (lease rules, security deposits, evictions), here are the most important takeaways:
- Eviction Fee Updates: Landlords can now include an attorney’s fees clause in their lease agreement, allowing a portion of legal fees to be covered by a housing provider in certain eviction cases. This is up to 15% of what the tenant owes or 15% of one month's rent. (General Statute § 42-46)
- Renter's Insurance Updates: If a lease requires renter's insurance and the tenant doesn't get it, the landlord can buy insurance for them and add the cost to the tenant's monthly bill and charge a small fee. (House Bill 737 (2025 Insurance Bill, S.L. 2025-45)
Is North Carolina a renter-friendly state?
Not necessarily. In broad terms, North Carolina is considered a landlord-friendly state, but that doesn't mean tenants don't have legal rights and protections, too. This is largely because there are no statewide or local rent control laws, meaning landlords can raise rent and give notices without set restrictions.
Understanding a Lease Agreement in North Carolina
A lease or rental agreement is more than just a piece of paper. It's a legally binding contract that outlines the rights and responsibilities of both the landlord and tenant. These agreements protect each party and lay the foundation for a successful and legally sound landlord-tenant relationship.
Importance of Reading Your Lease Agreement
Both landlord and tenant should get to know their lease agreement so they can understand their responsibilities. As a landlord, it's a good idea to always include a written lease agreement, regardless of the lease duration. This simple precaution can safeguard both parties in cases of a legal dispute in a court of law.
What to Include in a Lease/Rental Agreement
A North Carolina lease agreement should include several key elements. Here are some of the most important details to have:
- Names of all parties involved: This includes the landlord's or property manager's name as well as the names of all tenants occupying the property.
- Property description: A detailed description of the rental unit, including its location and any pertinent features.
- Rent amount and due date: The lease agreement should clearly state how much the rent is, when it's due, and the acceptable payment methods.
- Lease term: The duration of the lease should be clearly defined, indicating when the lease begins and ends.
- Security deposit details: This includes the amount of the security deposit, reasons for deductions, and the procedure for returning the deposit at the end of the lease.
- Repair and maintenance responsibilities: The lease should outline who is responsible for specific repairs and regular maintenance tasks.
- Policies on late rent and eviction: It should be clear what happens if the rent is late, including any late fees. The lease should also explain the eviction process in the event of a lease violation.
- Rights of the Tenants: The lease should clearly state that the tenant has the right to a safe and habitable living environment.
Before having your tenants sign on the dotted line, make sure to read over your lease agreement thoroughly. If you need any clarification or have any questions about what to include in your agreement, it's a good idea to seek legal advice from an attorney.
Rights and Responsibilities of Tenants in North Carolina
As a tenant in North Carolina, it's crucial to understand your rights to not only protect you from unfair practices but also establish your obligations as a renter.
North Carolina Tenants' Rights
To get started, here's a snapshot of renters rights in North Carolina:
- Lease Agreements: Renters must adhere to the terms of the lease or rental agreement, which is a written legal document between landlord and renter.
- Habitable Housing: Tenants are entitled to a habitable rental property.
- Landlord Entry: In North Carolina, landlords may enter the property without giving advance notice. This is unique compared to other states, where a landlord typically must get permission to enter ahead of time.
- Repairs and Maintenance: Landlords are obliged to carry out necessary repairs. Tenants in North Carolina have the right to withhold rent payments if the landlord fails to make repairs under certain circumstances.
- Eviction: Landlords may evict tenants for non-payment of rent or violation of the lease terms without advanced notice.
For more details, check out the guidelines provided by the North Carolina General Statutes Chapter 42.
Right to Safe and Habitable Housing
Every tenant in North Carolina has the right to a safe and habitable living space. This means that the landlord is obligated to keep the property in a condition that meets basic living and safety standards. This includes having running water, proper heating and cooling systems, safe electrical systems, and no infestations of pests or rodents.
If the property falls below these standards, a tenant has the right to withhold rent until necessary repairs are made. However, this can only occur under two specific circumstances: either the landlord has given written consent, or a judge or civil magistrate allows it through a court order.
Right to Privacy and Quiet Enjoyment
In North Carolina, tenants have a right to privacy and quiet enjoyment of their rental unit. This means that landlords cannot enter the rental property without providing reasonable notice, except in cases of emergency.
While the state of North Carolina does not have specific regulations on how much notice landlords must give before entering the property, it's generally considered good practice to provide at least 24 hours notice. Landlords should respect these parameters to avoid violating tenant privacy.
Tenant Responsibilities
There are several responsibilities that are expected of tenants in this state. These include the following:
Responsibility to Comply with Lease Terms
Finally, tenants must comply with the terms and conditions outlined in the lease agreement. This includes rules about pets, noise, smoking, subleasing, and more. If tenants violate the terms of the lease, the landlord may have grounds to evict them.
Responsibility to Pay Rent and Maintain the Property
While tenants have the right to a safe living space, they also have responsibilities. Some of these duties include:
- Paying rent on time according to the rental agreement
- Maintaining the property (including keeping the rental clean and disposing of trash)
- Communicating with the landlord if the property is damaged or repairs are needed
If a tenant fails to do so, landlords have the legal right to initiate an eviction to have them removed from the property.
Landlord Rights and Responsibilities
Landlords in North Carolina have several rights and responsibilities, from collecting rent to evicting tenants. Keep in mind that these responsibilities have their own set of rules and legalities.
Landlord Rights
Since North Carolina is a landlord-friendly state, there are fewer restrictions on what landlords are allowed to do. However, it's important to maintain good landlord tenant relationships and always act within reason.
Right to Collect Rent
Landlords have the legal right to set rent amounts, increase rent with proper notice, enforce terms in their lease, and charge late fees. These late fees are capped:
- 15% of the overdue amount (for monthly rent), or
- $15, whichever is greater
Right to Evict (Legally)
If a tenant fails to pay rent, violates the lease, or engages in criminal activity, a landlord may file a summary ejectment action in court. This does not mean that a landlord can forcibly remove the tenant after they violate the lease. Landlords cannot change locks, shut off utilities, or do anything else that would be considered a self-help eviction.
Right to Enter the Property
North Carolina law does not set a specific required notice period before a landlord enters a rental unit. However, landlords must act reasonably and should provide advance notice whenever possible. Entry rights cannot be abused, and best practice is to give at least 24 hours’ notice unless there is an emergency.
Right to Security Deposits and Fees
Landlords in North Carolina may collect up to two months’ rent for longer-term leases and up to one and a half months’ rent for month-to-month agreements. Security deposits must be held in a trust account or secured by bond. Landlords must return the deposit within 30 days after tenancy ends or provide an interim accounting explaining any delays.
Landlords may also recover specific fees allowed by law. This can include late fees, court costs, and certain eviction-related attorney’s fees, which are capped at 15%.
The Right to Recover Certain Fees
If the lease is properly written, landlords may recover specific fees allowed by law. This can include late fees, court costs, and certain eviction-related attorney’s fees, which are capped at 15%. Clear lease language is essential to enforce these charges in court.
Landlord Responsibilities in North Carolina
While landlords have important rights, they also carry significant legal responsibilities.
- Maintain Habitability: Comply with local building and housing codes and keep rental properties safe and livable. This includes maintaining plumbing, heating, electrical systems, and ensuring smoke detectors are installed and functioning.
- Make Timely Repairs: When a tenant reports a problem, repairs must be made within a reasonable time. Essential issues, especially those affecting safety or health, cannot be ignored. While tenants generally cannot withhold rent automatically, landlords are still legally required to address serious repair concerns.
- Properly Handle Security Deposits: Notify tenants where their security deposit is being held and provide an itemized list of any deductions. Any remaining balance must be returned within the required timeframe.
- Follow Legal Eviction Procedures: Even if a tenant violates the lease, landlords must follow local laws when evicting a tenant. This includes serving proper notice, filing in court, obtaining a judgment, waiting through the appeal period, and securing a writ of possession.
How to Handle Repairs and Maintenance Issues in North Carolina
As a landlord or property owner, you may eventually find yourself in a situation where repairs and maintenance are needed in your rental unit. Since landlords are required to keep their rental properties in habitable condition, it's important to address repairs as soon as possible to comply with local housing and building codes.
Pro Tip: Stay on top of rental repairs with the Maintenance tab inside TenantCloud. Create new maintenance requests, assign service professionals, and track and pay invoices, in one place.
What to Do if a Landlord Refuses to Make Repairs
If you're a tenant and your landlord refuses to make repairs after you've requested them, you have several options. You can reach out to local housing authorities or take legal action. However, before you take these steps, it's important to document everything. This includes your repair requests, any responses from your landlord, and the condition of your home.
In some cases, you may have the right to withhold rent until repairs are made, a process known as rent abatement. Always consult with a legal expert before taking this step, as it may have legal implications.
Legal Aid for Tenants in North Carolina
There are resources available in North Carolina to assist tenants dealing with unresponsive landlords. These include:
- Tenant Rights Clinic where tenants can learn about their rights and get advice on dealing with landlord issues
- North Carolina's Attorney General resources including landlord's duty to maintain and repair rental properties
- Department of Housing and Urban Development (HUD) is a resource for tenants dealing with housing discrimination or issues involving federally assisted housing.
- North Carolina Department of Justice provides educational resources outlining the rights for landlord and tenant under state law.
- American Bar Association (ABA) shares legal resources and educational materials for both landlords and tenants.
Understanding Evictions in North Carolina
In North Carolina, a landlord may begin the eviction process for several reasons, with most common being a failure to pay rent. If a tenant is late on rent, the landlord may provide a Notice to Pay or Quit, which is essentially a warning that eviction proceedings will start unless the outstanding rent is paid.
Other grounds for eviction include lease violations, such as having unauthorized pets or causing significant damage to the property.
Here's how the process works in a nutshell:
- In most cases, the eviction process begins with a notice to quit given to the tenant by the landlord. The length of notice depends on the term of the lease, including a 7-day notice for month-to-month leases and a month notice for annual leases.
- If the tenant does not comply, the landlord can file a complaint in court.
- After a judgment has been decided, the tenant be evicted by the sheriff or other authorized official. Typically, the entire process takes about three weeks.
Landlord-Tenant Rights During Foreclosure
Foreclosure can be frustrating for landlords and confusing for tenants. In North Carolina, if a rental property is being foreclosed on, the tenant still has certain rights.
Under Federal law, tenants have the right to stay in the property until the end of their lease, even if the property is sold at a foreclosure sale. There's an exception if the new owner plans to use the property as their primary residence. In this case, they can terminate the lease with 90 days' notice.
Conclusion
Remember that understanding North Carolina landlord-tenant rights means empowering yourself. It's about recognizing what's fair and legal and engaging effectively with your landlord. And while navigating these waters may seem overwhelming, our TenantCloud platform is here to help.
More About TenantCloud
TenantCloud provides a space for landlords and tenants to share lease agreements online, allowing for transparency and clear understanding. Easy, peasy. Try TenantCloud today and see how easy it is to manage properties like a pro.
Frequently Asked Questions
Do landlords need to disclose lead paint in North Carolina?
Yes, Landlords must disclose any lead-based paint hazards in homes built before 1978. This comes primarily from federal law (the Lead-Based Paint Disclosure Rule under Title X of the Residential Lead-Based Paint Hazard Reduction Act).
Do North Carolina landlords need to provide before entering a rental?
In North Carolina, landlords are not legally required to provide advance notice before entering a rental unit. However, they must act reasonably. Landlords can also enter rental properties without prior notice in emergencies or if they have justifiable reasons, but it is good practice to provide notice.
Can North Carolina landlords charge late fees to tenants?
Yes, landlords in North Carolina can charge late fees that are not more than $15 or 5% of the rental payment, whichever is greater.
