How much can a landlord charge for a security deposit in North Carolina?

Security deposit may not exceed one and one-half months' rent for a month-to-month tenancy, or two months' rent for a longer term. (N.C. Gen. Stat. § 42-51) The deposit must be accounted for within 30 days after the tenancy ends (N.C. Gen. Stat. § 42-52).

Is there a limit on late fees in North Carolina?

A late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. (N.C. Gen. Stat. § 42-46)

How much notice must a landlord give before entering a rental in North Carolina?

North Carolina has no statutory entry-notice requirement, so Landy's lease sets one by agreement. That agreed period is 24 hours.

How do you end a month-to-month tenancy in North Carolina?

Either party must give at least 7 days' written notice to end a month-to-month tenancy. (N.C. Gen. Stat. § 42-14)

What happens if a tenant does not pay rent in North Carolina?

Tenant has 10 days to pay rent or vacate before the landlord may file for summary ejectment. (N.C. Gen. Stat. § 42-3) The case is filed as a summary ejectment in District Court (Small Claims / Magistrate). A landlord may never change the locks or remove a tenant's belongings without a court order.

Does a residential lease have to be in writing in North Carolina?

A written lease is not always legally required, but it is what makes the terms enforceable and provable. North Carolina tenancies are governed by the North Carolina Residential Rental Agreements Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to North Carolina with the statutory citations printed in it.

North Carolina Residential Lease Agreement

A lease that works in the State of North Carolina has to respect the North Carolina Residential Rental Agreements Act: a security deposit capped at two months' rent, accounted for within 30 days of move-out, and late fees limited to $15 or 5% of the rent, whichever is greater. Below is every number that governs a North Carolina tenancy, with the statute it comes from.

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North Carolina rental law at a glance

Each row is the rule Landy applies when it builds a North Carolina lease. The citation is printed in the finished document too, so a tenant can check it.

North Carolina landlord-tenant rules with statutory citations
Rule	North Carolina	Citation
Security deposit limit	two months' rentSecurity deposit may not exceed one and one-half months' rent for a month-to-month tenancy, or two months' rent for a longer term.	N.C. Gen. Stat. § 42-51
Deposit return deadline	30 daysLandlord must account for the deposit within 30 days after termination.	N.C. Gen. Stat. § 42-52
Interest on deposits	Not requiredNorth Carolina does not require interest be paid to the tenant on security deposits.	N.C. Gen. Stat. § 42-50
Late fee limit	$15 or 5% of the rent, whichever is greaterA late fee may not exceed $15 or 5% of the monthly rent, whichever is greater.	N.C. Gen. Stat. § 42-46
Grace period before rent is late	5 daysA late fee may not be charged until rent is 5 days overdue.	N.C. Gen. Stat. § 42-46
Notice to pay or quit	10 daysTenant has 10 days to pay rent or vacate before the landlord may file for summary ejectment.	N.C. Gen. Stat. § 42-3
Time to cure a lease violation	No fixed statutory periodNorth Carolina requires a notice to quit for lease violations rather than a fixed statutory cure period.	N.C. Gen. Stat. § 42-26
Ending a month-to-month tenancy	7 days' noticeEither party must give at least 7 days' written notice to end a month-to-month tenancy.	N.C. Gen. Stat. § 42-14
Notice before landlord entry	No statute — Landy's lease sets 24 hours by agreementNorth Carolina has no statutory entry-notice requirement, so Landy's lease sets one by agreement.	No statute on point

Disclosures a North Carolina lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978

If things go wrong in North Carolina

Where eviction is filed

District Court (Small Claims / Magistrate), as a summary ejectment.

Governing law

North Carolina Residential Rental Agreements Act, cited from the North Carolina General Statutes.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

North Carolina lease questions, answered

How much can a landlord charge for a security deposit in North Carolina?: Security deposit may not exceed one and one-half months' rent for a month-to-month tenancy, or two months' rent for a longer term. (N.C. Gen. Stat. § 42-51) The deposit must be accounted for within 30 days after the tenancy ends (N.C. Gen. Stat. § 42-52).
Is there a limit on late fees in North Carolina?: A late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. (N.C. Gen. Stat. § 42-46)
How much notice must a landlord give before entering a rental in North Carolina?: North Carolina has no statutory entry-notice requirement, so Landy's lease sets one by agreement. That agreed period is 24 hours.
How do you end a month-to-month tenancy in North Carolina?: Either party must give at least 7 days' written notice to end a month-to-month tenancy. (N.C. Gen. Stat. § 42-14)
What happens if a tenant does not pay rent in North Carolina?: Tenant has 10 days to pay rent or vacate before the landlord may file for summary ejectment. (N.C. Gen. Stat. § 42-3) The case is filed as a summary ejectment in District Court (Small Claims / Magistrate). A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in North Carolina?: A written lease is not always legally required, but it is what makes the terms enforceable and provable. North Carolina tenancies are governed by the North Carolina Residential Rental Agreements Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to North Carolina with the statutory citations printed in it.

Build a North Carolina lease with these rules already in it.

Answer questions in plain English. Landy writes the North Carolina lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes North Carolina law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed North Carolina attorney review your lease before you rely on it.