NC
North Carolina Landlord-Tenant Laws
Security Deposit Return Timeline
N.C.G.S. § 42-52
⏰ Timeline
- 30 days after termination and delivery of possession
- 30 days if damages cannot be fully determined
- 60 days maximum for final accounting
✅ Key Requirements
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- 30 days to return deposit or provide itemized damages
- Written itemization of damages required
- If extent of claim unknown: interim accounting at 30 days, final at 60 days
- Must mail or deliver to tenant
- Cannot withhold for normal wear and tear
- +1 more requirements
Security Deposit Amount Limits
N.C.G.S. § 42-51(b)
💰 Limits
- Week To Week: 2 weeks' rent maximum
- Month To Month: 1.5 months' rent maximum
- Longer Than Monthly: 2 months' rent maximum
✅ Key Requirements
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- Week-to-week: max 2 weeks rent
- Month-to-month: max 1.5 months rent
- Terms longer than monthly: max 2 months rent
- Must be held in trust account or bond provided
- Landlord must notify tenant of deposit location within 30 days
Permitted Deductions from Security Deposit
N.C.G.S. § 42-51(a)
✅ Key Requirements
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- Security deposits may only be used for specific permitted purposes under N.C.G.S. § 42-51
- Permitted deductions include: unpaid rent, water/sewer/electric costs, property damage (beyond normal wear and tear), early lease termination costs, unpaid bills that become liens, re-renting costs after breach, removal/storage costs after eviction, court costs, and permitted fees under G.S. 42-46
- Landlord cannot deduct if tenant terminated under military (G.S. 42-45) or domestic violence (G.S. 42-45.1) protections
- Landlord cannot deduct if landlord committed illegal eviction or constructive eviction
- Smoke and CO alarm damage is deductible from the security deposit
Notice for Non-Payment of Rent
N.C.G.S. § 42-3
✅ Key Requirements
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- Demand must be made for all past-due rent
- 10 days to pay after demand
- Forfeiture implied - no need for lease clause
- Landlord may then file for summary ejectment
- No specific notice format required by statute
Terminating Month-to-Month Tenancy
N.C.G.S. § 42-14
✅ Key Requirements
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- Month-to-month: 7 days notice required
- Notice must be before end of rental period
- Manufactured home lots: 60 days notice minimum
- Either landlord or tenant can terminate
- Must be written notice
Summary Ejectment (Eviction) Process
N.C.G.S. § 42-26 through § 42-36.3
✅ Key Requirements
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- Complaint filed with clerk
- Summons issued for hearing within 7 days
- Proper service required
- Magistrate decides case
- Prevailing party gets court costs
- +1 more requirements
Writ of Possession and Eviction Execution
N.C.G.S. § 42-36.2
✅ Key Requirements
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- Writ executed within 5 days
- Notice given to tenant
- Tenant gets 7 days to retrieve property
- Landlord can move property for storage during 7 days
- After 7 days: can dispose, throw away, or sell
- +1 more requirements
Landlord's Duty to Maintain Fit Premises
N.C.G.S. § 42-42
✅ Key Requirements
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- Landlord must comply with building and housing codes affecting health and safety
- Landlord must make all repairs to keep premises fit and habitable
- Common areas must be kept safe
- All electrical, plumbing, sanitary, HVAC, and other systems must be maintained and promptly repaired
- Landlord must provide operable smoke alarms with tamper-resistant 10-year lithium batteries (or hardwired with backup)
- +3 more requirements
Tenant's Maintenance Obligations
N.C.G.S. § 42-43
✅ Key Requirements
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- Tenant must keep occupied areas clean and safe
- Tenant must not create unsafe or unsanitary conditions in common areas
- Tenant must dispose of waste properly
- Tenant must keep plumbing fixtures clean
- Tenant must not destroy, damage, or deface property or disable smoke/CO alarms
- +5 more requirements
Retaliatory Eviction Defense
N.C.G.S. § 42-37.1
✅ Key Requirements
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- Tenant is protected from retaliation for: good faith repair complaints to landlord (G.S. 42-42), complaints to government agencies, exercising rights under lease or law, or organizing/joining tenants' rights organizations
- Retaliatory eviction is an affirmative defense if eviction filed within 12 months of the protected activity
- Landlord can still evict if tenant breached rent or substantial lease covenant, held over after a fixed-term lease, caused the violation by willful/negligent conduct, or if compliance requires demolition/major alteration
- Landlord can also evict if good faith notice to quit was given before the protected activity, or if landlord seeks the unit for own use, demolition, or 6+ months non-rental
- If the defense succeeds, the court denies the eviction but may order other relief
- +1 more requirements
Illegal Self-Help Eviction Prohibition
N.C.G.S. § 42-25.6 and § 42-25.9
✅ Key Requirements
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- MUST use court eviction process (summary ejectment)
- Cannot use self-help under any circumstances
- Damages limited to actual (no punitive)
- Remedies supplementary to other rights
Early Termination for Domestic Violence Victims
N.C.G.S. § 42-45.1
✅ Key Requirements
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- Victims of domestic violence, sexual assault, or stalking may terminate their lease early
- Requires 30 days' written notice to the landlord with required documentation
- Required documentation: a valid protective order (Chapter 50B or 50C — not ex parte), a criminal restraining order, OR an Address Confidentiality Program card (G.S. 15C-4), PLUS a safety plan from a DV/SA program recommending relocation
- Tenant's liability is limited to prorated rent through the termination date — no other damages or fees
- If terminated 14+ days before occupancy begins, no damages or penalties apply
- +3 more requirements
Early Termination by Military Personnel
N.C.G.S. § 42-45
✅ Key Requirements
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- Military personnel may terminate a lease early for: PCS orders requiring a move of 50+ miles, premature or involuntary discharge, deployment of 90+ days, or death while on active duty (family can terminate)
- Requires 30 days' written notice with a copy of orders or commanding officer verification
- Tenant liability: prorated rent through termination date; liquidated damages may apply if less than 9 months completed and landlord has actual damages
- Liquidated damages cap: max 1 month's rent if under 6 months completed; max 0.5 month's rent if 6–9 months completed
- If terminated 14+ days before occupancy, no damages or penalties apply
- +2 more requirements
Late Fees and Authorized Charges
N.C.G.S. § 42-46
✅ Key Requirements
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- Late fees may only be charged if rent is 5 or more calendar days late (first day = day after due date)
- Monthly rent: late fee is $15 or 5% of monthly rent, whichever is greater
- Weekly rent: late fee is $4 or 5% of weekly rent, whichever is greater
- Only one late fee allowed per late payment — landlord cannot cause cascading late fees by applying payments to fees first
- Administrative fees: $15 or 5% for complaint filing (only if filed, served, tenant cured, landlord dismissed); 10% for small claims prevailing; 12% for prevailing on appeal — only ONE admin fee per case
- +3 more requirements
Pet Deposits and Fees
N.C.G.S. § 42-53
✅ Key Requirements
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- Landlord may charge a reasonable, nonrefundable pet fee
- Pet fee is separate from and in addition to security deposit limits
- Pet fees are explicitly nonrefundable (unlike security deposits which must be returned minus valid deductions)
- The fee must be a reasonable amount — no specific statutory cap
- Governed by N.C.G.S. § 42-53