Wondering about how is living in North Carolina and what is the Landlord Tenant Law NC? Well, no worries! We are here to help you simplify your rental journey while studying abroad. In this blog, we will take you through the details, updates, and specifications of the Landlord Tenant Law NC 2024.
The Landlord Tenant Law NC helps both landlords and tenants know their rights and responsibilities, ensuring a smoother rental experience. Keep reading further to know more about the key aspects of landlord-tenant law in North Carolina, including rights and responsibilities, payment clauses, and the eviction process!
Table of contents
Landlord Tenant Law NC: An Overview
As per the Landlord Tenant Law NC, the tenancy agreement can be written as well as oral. However, it is always advised to go for the written agreement to avoid any kind of misunderstanding. If the lease is more than 12 months or longer, you must have a written tenancy agreement as advised under the Landlord Tenant Law NC. The written tenancy agreement is really helpful in the case of a legal dispute.
Rights and Responsibilities of Landlord and Tenant
In order to maintain a healthy relationship and a fair rental environment, it is really important to understand the rights and responsibilities. Check out the rights and responsibilities of landlord and tenant as per the Landlord Tenant Law NC.
Landlord Rights and Responsibilities
As per Landlord Tenant Law NC, it is the legal right of the landlord to collect the rent from the tenant on time as specified in the lease agreement. The landlord must provide a habitable environment for the tenant. With this, the landlord has the right to access under this law and can enter the rental property for maintenance and inspections, usually with prior notice to the tenant. As per this law, landlords should provide rental property that complies with health and safety codes. This includes necessary repairs and upkeep of common areas.
Tenant Rights and Responsibilities
Tenants have the right to live in a safe and well-maintained property. If there is a requirement for repairs and maintenance of the property, tenants can send the landlord a notice for repair, to which the latter has to respond promptly. As per Landlord Tenant Law NC, if the landlord fails to respond and repair within the specified time frame, the tenant may stop paying the rent of the property. And, the tenant can also terminate, if the property is inhabitable as per the law.
Payment Clauses Under Landlord Tenant Law NC
Currently, there are no rent control policies under the Landlord Tenant Law NC which means a landlord can charge a suitable amount of rent from the tenant. Also, the landlord doesn’t need to send a notice to the tenant to increase the rent of the property. The tenancy agreement should clearly state the due date for rent payments. This law does not set a specific due date, so this is determined by the lease agreement.
Grace Periods and Late Rent Payment
If the rent is not paid on time, landlords may impose late fees as specified in the lease. However, these fees should be reasonable and disclosed upfront. For weekly leases, the fee can be up to USD 4 or 5% of the total rent. For monthly leases, the fee may reach up to USD 15 or 5% of the rent amount. In case of late rent payments, the landlord can charge a late fee only after non-payment of rent for 5 days. The lease should also specify acceptable payment methods, such as cheques, electronic payments, or money orders, to avoid confusion.
Security Deposits
As per the Landlord Tenant Law NC, the landlord may collect a maximum of two weeks’ rent for week-to-week leases and a maximum of 1.5 months’ rent for month-to-month leases as a security deposit. The leases that are for longer periods than month to month, the security deposit can be up to 2 months rent. However, a security deposit higher than two months is prohibited under landlord Tenant Law NC.
The landlords may keep security deposits in a trust account at an insured financial institution or obtain a bond for the deposit. Additionally, the landlord is required to notify the tenant within 30 days (one month) of the lease’s start date, providing details about the bank where the security deposit is held.
Refund of Security Deposit
As per the Landlord Tenant Law NC, landlords should return the security deposit within 30 days of the tenant vacating the property. If the landlord requires more time to assess damages, they can extend the evaluation period to a maximum of 60 days. If a decision is not made within those 60 days, the tenant is entitled to receive the full amount of the security deposit.
Recommended Read: Ready to know the ins and outs of student accommodation in the Lone Star State? Check out our ultimate guide to Texas landlord-tenant laws.
Termination and Eviction Under Landlord Tenant Law NC
Both tenant and landlord can terminate the tenancy agreement in compliance with Landlord Tenant Law NC. Both should send an advance notice to proceed with the termination proceedings. For week-to-week leases, two days’ notice while 7 days’ notice is required for month-to-monthly leases, and 30 days’ notice is mandatory for year-to-year leases as per the law. The tenant can terminate the lease anytime if facing issues like harassment or domestic violence, an early termination clause, breach in the lease, or active military duty.
The landlord can also evict the tenant in compliance with law. For non-payment of rent, breach in the lease, and any criminal activity, the landlord can send the legal notice of eviction to the tenant under Landlord Tenant Law NC. In case of non-payment of rent, the landlord can send 10 days’ notice to pay or evict. In case of a breach in the lease, an unconditional eviction notice can be sent to the tenant. In case of criminal activity, the landlord might pursue an “Article Seven Eviction,” which takes effect immediately.
Further Read: Feeling overwhelmed by California’s rental rules? Check out our student-friendly guide to California landlord-tenant laws and get the essential tips for your lease with ease!
FAQs
As per Landlord Tenant Law NC, Landlords can evict tenants for various reasons, including non-payment of rent, violation of lease terms, damage to the property, or if the lease has expired and the landlord does not wish to renew it.
The notice period in compliance with Landlord Tenant Law depends on the reason for eviction. Generally, landlords must provide at least 10 days’ notice for non-payment of rent and 30 days for lease violations.
According to the Landlord Tenant Law NC, the maximum security deposit a landlord can charge is one and a half months’ rent for leases longer than one month. For weekly leases, the maximum deposit is one week’s rent.
Landlords must return the security deposit within 30 days (one month) after the tenant moves out in compliance with Landlord Tenant Law NC. If damages need to be assessed, they can take up to 60 days (two months) to return the deposit.
No, a landlord cannot increase the rent during a lease term unless the lease agreement explicitly allows for it. Rent increases can only occur at the end of the lease or during lease renewals. However, there is no rent control policy as per the LandlordTenant Law NC.
Hope you liked reading about the Landlord Tenant Law NC. For a stress-free stay during your study abroad adventure, choose Fly Homes. Call 1800572118 to reserve your ideal student accommodation abroad with ease.
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