If you're a landlord in North Carolina, understanding the landlord-tenant laws in the state is of paramount importance. North Carolina, like many other states, has its own set of rules and regulations governing the relationship between landlords and tenants.
These North Carolina laws are in place to protect the rights and interests of both parties involved. Whether you own or plan to buy a rental property, knowing these laws can help you navigate the rental market effectively and ensure a smooth landlord-tenant relationship.
Required Landlord Disclosures in North Carolina
When drafting a lease or rental agreement in North Carolina, there are specific disclosures that a North Carolina landlord must include. The following mandatory disclosures serve to inform tenants about critical aspects of the rental property:
- Lead-Based Paint Disclosure: Federal law requires landlords to disclose any known lead-based paint hazards in properties built before 1978.
- Security Deposit Information: The tenant's security deposit must be placed in a licensed, federally insured trust account. Within 30 days of the start of the lease, the landlord must inform the tenant of either the bank's name and address where the deposit is held or the name of the insurance company providing the bond.
- Late Fees: Landlords are required to disclose any policies related to late fees in the lease or rental agreement. This includes specifying the amount of the late fee, the grace period for rent payment, and any other relevant information regarding late rent payments.
- Water Contamination: In cases where water contamination or quality issues are known, landlords must disclose this information to tenants if they are responsible for paying water or sewage bills.
- Rights of Domestic Violence Victims: North Carolina law provides certain protections and rights for domestic violence victims. Landlords are obligated to inform renters of these rights, which may include the ability to terminate a lease without penalty under specific circumstances.
Here are some additional disclosures you can consider making:
- Non-refundable Fees: Landlords can specify any non-refundable fees in the lease agreement, such as pet fees or cleaning fees.
- Landlord's Name and Address: While not required, providing tenants with the contact information of the property owner, property management company, or agent can be helpful for effective communication.
- Move-in Checklist: Including a move-in checklist in the lease agreement helps document the property's condition at the beginning of the lease, which can prevent disputes over deposit deductions.
North Carolina Tenant Rights and Responsibilities
Tenants in North Carolina enjoy several rights, including:
- The right to live in a habitable property
- The right to privacy and quiet enjoyment of the rental
- The right to protection from discrimination
- The right to break a lease with justifiable reasons
- The right to request necessary repairs or they can sue for costs and rent abatement
North Carolina tenants also have responsibilities, such as:
- Paying rent promptly
- Following all building and housing codes
- Keeping the property safe and sanitary
- Properly dispose of waste in a clean and safe manner
- Maintaining cleanliness
- Notifying the landlord in writing about any smoke detector or carbon monoxide detector replacements or repairs
- Avoiding excessive disturbances to neighbors
- Not intentionally or carelessly harm or damage any part of the property
North Carolina Landlord Rights and Responsibilities
A North Carolina Landlord has rights, including:
- To collect rent
- Enter the dwelling with proper notice during lease
- Collect security deposits and make reasonable deductions
- Evict tenants on legal grounds
Here are the basic responsibilities of North Carolina landlords:
- Send proper notice before entry or if they need to conduct an eviction
- Ensure that the property meets the basic health and safety requirements
- Disclose the important information about the property to the tenants in the lease
- Return the remaining security deposit within 30 days of moving out
- Raise the rent as they see fit (but not during the lease term) without discrimination against any renters
An Overview of the Landlord-Tenant Laws in North Carolina
Let's take a closer look at some key aspects of North Carolina's landlord-tenant laws:
1. Tenant Privacy and Landlord's Right to Enter the Dwelling
In North Carolina, there is no specific law on landlords’ right to access the property. It means that landlords may enter the property without prior written notice if they have justifiable reasons to do so. In emergency situations, landlords may enter without tenants’ permission.
2. The Condition, Maintenance, and Repairs
Landlords must maintain the rental property in a habitable condition, including keeping it free from pests and making necessary repairs. They must make the necessary repairs within a reasonable timeframe.
3. Housing Discrimination Laws
Discrimination against North Carolina tenants based on protected categories is illegal under state and federal fair housing laws.
4. Security Deposits
North Carolina landlords can collect a security deposit, the maximum amount of which depends on the frequency of rent payments:
- Weekly - Two weeks’ rent
- Monthly - One and a half months’ rent
- Longer than Monthly - Two months’ rent
Landlords in the State of North Carolina can deduct from the security deposit for unpaid rent, late fees, damages beyond normal wear and tear, unpaid utility bills, and removal and storage of belongings. They must provide an itemized list of deductions to the tenant.
Bottom Line
Understanding landlord-tenant law in North Carolina requires careful consideration and adherence to legal requirements. While owning and managing rental properties can be rewarding, it can also be complex.
To ensure compliance with the law and to make the rental process smoother, work with Schambs Property Management. We have the knowledge and expertise to handle various aspects of property management, ensuring a successful and harmonious rental experience for both you and your tenants.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.