North Carolina Landlord-Tenant Laws: Rights and Duties for Both Sides

North Carolina rental rules sit in Chapter 42 of the General Statutes. The Residential Rental Agreements Act sets the landlord's duty to keep the home fit and safe, and separate articles cover retaliation, fees and deposits.

North Carolina landlord-tenant rights at a glance

Rule	North Carolina	Law
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)
Tenant repair remedies	The landlord must keep the home fit and habitable, but a tenant may not simply withhold rent; instead the tenant can ask a court for rent abatement or damages.	Residential Rental Agreements Act (N.C. General Statutes Chapter 42 Article 5)
Retaliation protection	A tenant can defend an eviction as retaliatory if it was substantially a response to a good faith repair request, code complaint or tenant organizing within the prior 12 months.	N.C. General Statutes section 42-37.1
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
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

Repairs and habitability

Every residential tenancy comes with a duty to keep the home safe and livable. Put repair requests in writing and keep a dated record of each step.

Tenant repair remedies. The landlord must keep the home fit and habitable, but a tenant may not simply withhold rent; instead the tenant can ask a court for rent abatement or damages. (Residential Rental Agreements Act (N.C. General Statutes Chapter 42 Article 5))

Entry and privacy

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))

Retaliation

Retaliation protection. A tenant can defend an eviction as retaliatory if it was substantially a response to a good faith repair request, code complaint or tenant organizing within the prior 12 months. (N.C. General Statutes section 42-37.1)

Rent, late fees and grace periods

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)

Applications and screening

Federal fair housing law applies everywhere: apply the same written criteria to every applicant, and never screen on a protected characteristic.

Screening rules. Screening must follow the federal Fair Housing Act and the North Carolina State Fair Housing Act, and local governments may not require landlords to accept federal housing vouchers. (North Carolina State Fair Housing Act and N.C. General Statutes section 42-14.1)

Disclosures to include with the lease

Disclosures are easiest to get right at lease signing. Other disclosures may also be required by your city or by the property itself, so check before you sign.

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)

Security deposits in brief

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)

Mistakes to avoid

• Entering a unit without the notice the lease or the law requires.
• Letting a written repair request sit without a reply or a plan.
• Leaving required disclosures out of the lease packet.
• Applying screening criteria differently from one applicant to the next.
• Raising rent or ending a tenancy soon after a complaint without a documented, unrelated reason.