North Carolina landlord tenant law: the rules a landlord meets

North Carolina security deposit law

Most you can take

2 months’ rentN.C. Gen. Stat. § 42-51(b)2 months for a term longer than month-to-month; 1.5 months for month-to-month; 2 weeks for week-to-week.

Back to the tenant within

30 daysN.C. Gen. Stat. § 42-52If the damage cannot be determined in time, an interim accounting within 30 days and a final accounting within 60 days.

Rent and late fees

Late fee

5% or $15, as the statute words itN.C. Gen. Stat. § 42-46For monthly rent, $15 or 5% of the monthly rent, whichever is greater.

Grace period before a fee

5 daysN.C. Gen. Stat. § 42-46

North Carolina rent increase laws and rent control

Notice before a rent increase

No statutory period confirmedN.C. Gen. Stat. §§ 42-14, 42-14.1(a)No statute sets a notice period for a rent increase. A month-to-month tenancy can be ended with 7 days' notice to quit, and counties and cities may not regulate the amount of rent.

Rent control

Local rent control bannedN.C. Gen. Stat. §§ 42-14, 42-14.1(a)

Entering the property: notice to the tenant

Notice before you enter

No statute sets thisNo statute sets this

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

7 daysN.C. Gen. Stat. § 42-14Seven days' notice before the end of the current month, unless the lease requires longer.

Unpaid rent

10 daysN.C. Gen. Stat. §§ 42-3, 42-33“10-day demand for rent”Paying in full within the period stops itThe term is forfeited only if all past-due rent is not paid within 10 days after the demand, unless the lease itself has a forfeiture clause for nonpayment. Even after filing, paying the rent due and court costs before judgment ends the case.

Another breach of the lease

Could not be confirmedN.C. Gen. Stat. § 42-26(a)(2)“demand for possession”The statute does not say whether the breach can be fixedNo statute sets a notice or cure period for a lease breach. Summary ejectment for a breach other than rent is available only if the lease says the tenancy ends on that breach, after a demand for surrender.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsN.C. Gen. Stat. § 42-25.6

The North Carolina eviction process, step by step

Disclosures a North Carolina lease has to carry

• Within 30 days after the lease term begins, the landlord must tell the tenant the name and address of the bank holding the deposit, or the name of the insurer providing the bond. (N.C. Gen. Stat. § 42-50)