North Carolina Sublease Agreement Template

An agreement between a current tenant and a subtenant for all or part of a rental home, tied to the original lease, with a landlord consent section. 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)

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)

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))

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)

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. The master lease
3. Subleased space
4. Term
5. Rent
6. Utilities and shared costs
7. Security deposit
8. Condition and inspection
9. Rules
10. Repairs and access
11. Default
12. General terms
13. Signatures
14. Landlord consent

Before you use it

• In a sublease the original tenant stays responsible to the landlord, and the subtenant answers to the original tenant.
• Most leases require the landlord's written consent before a tenant sublets, and some states limit when a landlord may refuse.
• A sublease can never last longer than the original lease or give the subtenant more rights than the tenant has.
• Landlords should screen subtenants with the same criteria they use for any applicant.

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