A Guide To North Carolina Lease Agreements [+Free Template]

The lease agreement is the central legal document of your rental property business. This document outlines the rights and responsibilities of the landlord and the tenants throughout the rental period. 

This article will take a closer look at how you can create a legally binding lease agreement in North Carolina. Outlining the specific requirements for North Carolina lease agreements, essential clauses and mandatory disclosures. 

Related Article: North Carolina Landlord Tenant Laws

Essential Lease Clauses in North Carolina

Here are some of the essential lease clauses landlords must include in a residential lease agreement in North Carolina: 

• Parties Involved: Clearly identify all parties involved, including the landlord, tenant, and any property managers or leasing agents. This ensures the contract is legally binding for everyone named in it.
• Property Description: Provide a detailed description of the rental property, typically including the full address and specifying particular units within an apartment complex or distinct areas of a house.
• Term of the Lease: Specify the term of the lease, which can be a fixed-term tenancy (e.g., a one-year lease) or a periodic tenancy (e.g., month-to-month). In North Carolina, leases longer than 12 months must be in writing.
• Rent Amount and Payment Terms: Clearly outline the rent amount, due date (usually the first of each month), and acceptable payment methods. Detail any late fees or penalties for returned checks.
• Security Deposit Details: Include the amount of the security deposit, which in North Carolina is capped at two months' rent for the first year and one and a half months' rent for subsequent years. Specify the conditions required for its return and the time frame for refunding the deposit after the tenant vacates the property.
• Maintenance and Repair Responsibilities: Specify who is responsible for maintaining and repairing the property, including addressing normal wear and tear. This should align with North Carolina's implied warranty of habitability, which requires landlords to ensure the property is safe and habitable.
• Rules and Regulations: Outline any property rules, such as noise restrictions, pet policies, and guest regulations. Ensure these comply with fair housing laws to prevent discrimination.
• Termination and Renewal Conditions: Describe the conditions under which the lease may be terminated or renewed, including notice requirements for both parties. For month-to-month leases, North Carolina typically requires a notice period before termination.

Download your free North Carolina lease agreement template(s)

• Standard Residential Lease Agreement
• Month-to-Month Lease Agreement
• Room Rental (Roommate) Agreement
• Sublease Agreement

Required Disclosures in a North Carolina Lease Agreement

Landlords are required to include specific disclosures in a North Carolina lease agreement, as per N.C.G.S. Chapter 42. 

Below is an overview of the disclosures landlords in North Carolina are required to include in their lease agreements. 

Lead-Based Paint and Environmental Hazards

In North Carolina, landlords are obligated to inform tenants if a rental property contains or may contain lead-based paint, particularly for properties constructed before 1978 when the use of such paint was prevalent. Landlords must provide detailed information about the hazards associated with lead-based paint and distribute an educational pamphlet to tenants. 

Water Contamination and Maintenance

Another vital disclosure pertains to water contamination. Landlords must notify tenants about any known water quality issues, including contamination or pollutants that could pose health risks. This information is crucial as it enables tenants to make informed decisions about their living conditions. 

Mold 

In North Carolina, landlords are obligated to inform tenants about any known mold issues within the rental property. Although they are not mandated to conduct mold testing, they must reveal any existing mold growth or moisture problems that could potentially lead to mold development.

Methamphetamine Contamination 

Landlords are required to disclose if the property has been used for manufacturing or storing methamphetamine. This disclosure must also include details about any cleanup or remediation efforts that have been undertaken to address the contamination.

Residential Property Disclosure Statement 

Including a Residential Property Disclosure Statement in lease agreements is crucial for landlords. This statement informs potential tenants about the property's characteristics and condition. As per N.C.G.S. § 47E-4, 4.1, owners leasing properties with one to four dwelling units must provide this disclosure. Sellers meeting these criteria must also include the Mineral and Oil and Gas Rights Mandatory Disclosure Statement. 

Fixed-term vs. Month-to-Month Leases

In North Carolina, landlords typically utilize two primary types of rental agreements: fixed-term leases and month-to-month leases. Each of these agreements has unique features and legal requirements that are crucial to understand.

To help you decide which option best fits your rental needs, we've included a comparison table below. 

Related Article: What Should You Choose? Annual vs Month-To-Month Leases

Security Deposit Rules in North Carolina

As per North Carolina laws, landlords must clearly outline the terms related to security deposits in their lease agreements. Understanding the legal framework governing the collection and return of these deposits is essential for both landlords and tenants.

Here’s a detailed overview of the key security deposit regulations that should be included in any lease agreements in North Carolina:

• Maximum Amount: The security deposit in North Carolina may not exceed two weeks' rent if a tenancy is week to week, one and one-half month's rent if a tenancy is month to month, and two months' rent for terms greater than month to month. (NC Gen Stat § 42-51)
• Collecting Security Deposits: North Carolina law permits landlords to collect security deposits at the beginning of the lease. To ensure transparency, landlords must provide tenants with clear disclosures about the security deposit within the lease agreement. This includes specifying the amount and any conditions under which deductions can be made.
• Allowable Deductions from Security Deposits: Landlords can deduct from the security deposit for unpaid rent, damages beyond normal wear and tear, and the cost of removing and storing the tenant's property and court costs if the landlord sues to evict a tenant. Routine maintenance or repairs not caused by the tenant are not valid deductions.
• Return Timeline: Upon termination of the lease, landlords must return the security deposit, minus any lawful deductions, within 30 days. If the landlord fails to return the deposit within this timeframe, tenants may be entitled to the full deposit amount plus additional damages.
• Holding Deposits: Landlords must hold the security deposit in a trust account at a licensed and federally insured depository institution located in North Carolina. Alternatively, landlords can post a surety bond from an insurance company licensed to do business in North Carolina. In either case, landlords must provide tenants with written notice of where the deposit is held within 30 days of receiving it.

Rent Collection Rules in North Carolina

North Carolina's rent collection regulations are primarily governed by the state's landlord-tenant laws. Here's a summary of key points that should be included in rental agreements:

• Late Payments: In North Carolina, landlords can charge late fees, but these must adhere to specific guidelines. For monthly leases, the maximum late fee is the higher of $15 or 5% of the rent. For weekly leases, it's the higher of $4 or 5% of the rent. Late fees can only be imposed if rent is five days or more late (N.C.G.S. § 42-46).
• Grace Period: Landlords cannot charge late fees until the rent is at least five days past due. This grace period allows tenants some flexibility in making timely payments.
• Rent Withholding: Tenants in North Carolina do not have the unilateral right to withhold rent if the landlord fails to maintain the property in a habitable condition. Instead, they can only withhold rent under two specific circumstances: if the landlord provides written consent for the tenant to do so or if a judge or magistrate issues a court order allowing the tenant to withhold rent (N.C.G.S. § 42-44).
• NSF Fees for Bounced Checks: Landlords can charge an NSF processing fee of up to $35 if a tenant's rent check bounces because of insufficient funds or no account (N.C.G.S. § 25-3-506).

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Lease Termination and Renewal

In North Carolina, the process of terminating or renewing a lease involves specific procedures and notice periods, which vary depending on the type of lease agreement.

Lease Termination

In North Carolina, the landlord or tenant can terminate the lease with the appropriate notice period. The notice period for terminating a lease in North Carolina is dictated by the type of tenancy:

• Yearly Leases: A 30-day notice is required.
• Monthly Leases: A 7-day notice is necessary.
• Weekly Leases: A 2-day notice should be given. 

There are special circumstances, such as leases for manufactured homes, which typically necessitate a 60-day notice before the next rent period commences.

Lease Renewal

North Carolina allows landlords to include automatic renewal clauses in leases. If neither party gives notice to terminate, the lease can be converted into a month-to-month arrangement. 

In case there’s no automatic renewal clause in place, it’s customary for landlords to offer lease renewals within 90 days of the current lease's end date. 

To renew a lease, landlords should send a formal offer that includes the property address, tenant's name, and any changes in rent or lease terms.

Related Article: Lease Renewal and Non-Renewal of Lease Templates

Final Words: North Carolin Lease Agreements

Having a comprehensive and legally binding lease agreement is crucial for landlords seeking security during rental disputes.

Landlords should familiarize themselves with both federal and state laws governing rental agreements in North Carolina when creating these documents. This understanding helps ensure compliance and avoids potential legal issues.

To simplify this process, we provide free lease agreement templates for download. These templates not only help landlords adhere to state regulations but also foster a positive rental experience for both parties involved.

Get free landlord documents and templates here

North Carolina Landlord Tenant Laws

• North Carolina Landlord Tenant Laws: Overview
• Guide To Rental Application Laws In North Carolina
• North Carolina Tenant Screening Laws
• North Carolina Security Deposit Laws 
• How Much Can You Raise The Rent In North Carolina?
• North Carolina Eviction Laws

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