North Carolina Residential Lease Agreement Template

A fixed-term lease for a house, apartment or condo. It sets the rent, deposit, rules and responsibilities for both sides, with slots for the rules of the state where the home is located. This edition fills in the North Carolina rules we could confirm and marks the rest as blanks to check.

North Carolina rules for this form

Deposit limit. A deposit may not exceed two weeks of rent for a week-to-week tenancy, one and a half months for month-to-month, and two months for longer terms. (N.C. General Statutes section 42-51)

Deadline to return the deposit. The landlord must return the deposit, with an itemized list of any damage, within 30 days after the tenancy ends, or send an interim accounting then and a final one within 60 days if the claim is not yet known. (N.C. General Statutes section 42-52)

Notice before entry. There is no statewide statute on entry notice, so the lease controls and landlords are generally expected to give reasonable notice except in emergencies. (N.C. General Statutes Chapter 42 (no statewide entry statute))

Late fees. For monthly rent, a late fee may not exceed $15 or 5 percent of the monthly rent, whichever is greater, and may be charged only once per late payment. (N.C. General Statutes section 42-46)

Grace period. A late fee may be charged only when rent is five calendar days or more late, counting from the day after it was due. (N.C. General Statutes section 42-46)

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Required disclosures. Within 30 days after the lease starts, the landlord must tell the tenant where the deposit is held or which insurer issued the bond. (N.C. General Statutes section 42-50)

Required disclosures. The landlord must provide working smoke alarms, and carbon monoxide alarms where the home has a fossil fuel heater, appliance, fireplace or attached garage. (N.C. General Statutes section 42-42)

Notice before a rent increase. Generally, North Carolina has no separate rent increase notice statute, so rent stays fixed during a lease term unless the lease allows a change, and a month-to-month change in practice needs at least the 7 day notice used to end that tenancy. (N.C. General Statutes Chapter 42 (notice to quit))

Month-to-month notice. A month-to-month tenancy can be ended by either side with 7 days of notice, unless the lease requires more. (N.C. General Statutes section 42-14)

Cities and counties in North Carolina can add their own rules on top of these. Check local ordinances before you sign.

What is in the template

1. Parties
2. Property
3. Term
4. Rent
5. Late charges
6. Security deposit
7. Other charges and fees
8. Utilities and services
9. Occupants and guests
10. Use of the property
11. Pets
12. Smoking
13. Maintenance and repairs
14. Alterations
15. Landlord entry
16. Subletting and assignment
17. Insurance
18. Default
19. Moving out
20. Notices
21. Disclosures
22. General terms
23. Signatures

Before you use it

• A residential lease is the main contract between a landlord and a tenant for a fixed term, usually 6 or 12 months.
• State law sets the limits on deposits, late fees, entry notice and eviction notices, and it overrides any lease clause that conflicts with it.
• A clause that waives a tenant's legal rights is usually unenforceable and can weaken the rest of the lease.
• Have an attorney in your state review your final version, and attach every disclosure your state and city require.

For the full explanation of this form, read our guide to the residential lease agreement.