Under North Carolina law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under NC General Statutes Chapter 42, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In North Carolina, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to North Carolina’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | No | Only If Provided |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In North Carolina, repairs must be made within a “reasonable time” after getting written notice from tenants. If repairs aren’t made in a timely manner, North Carolina tenants can sue for costs and rent abatement, or a court order to force the landlord to make repairs. They usually can’t repair and deduct, or withhold rent without a court order. Read more
North Carolina tenants can be evicted for a number of reasons. The most common reasons for eviction in North Carolina are:
Landlords are prohibited from evicting tenants in retaliation or as a form of discrimination.
It’s illegal for North Carolina landlords to attempt eviction of a tenant as retaliation for protected actions like reporting a landlord to government authorities for health and safety violations. Tenants get protection from retaliatory eviction for 12 months after they take a qualifying action.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: North Carolina tenants are entitled to a notice of lease termination in advance.
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 2 Days |
| Month-to-Month | 7 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 30 Days |
Early Termination: Tenants can legally terminate a lease in North Carolina for the following reasons:
If a North Carolina tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
North Carolina does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because North Carolina does not have rent control, landlords can raise the rent by any amount, as often as they choose, as long as they avoid discrimination and do not increase the rent during the lease term.
North Carolina state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: North Carolina landlords are prohibited from discriminating against classes outlined in the Federal Fair Housing Act. This law does not apply to some owner-occupied homes, buildings with 4 or fewer units, and homes operated by religious organizations.
Discriminatory Acts & Penalties: Discrimination complaints in housing are handled by the North Carolina Office of Administrative Hearings’ Civil Rights Division. The following practices could be considered discriminatory:
In addition to having laws that address general issues like repairs and security deposits, most states, including North Carolina, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
North Carolina law doesn’t specifically outline access rights for landlords and tenants. This means landlords can enter rental property without notice for reasonable purposes, unless lease terms say otherwise. Landlords can also enter without permission in emergency situations.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. Small claims in North Carolina cannot exceed $5,000 to $10,000 depending on the court. North Carolina Small Claims Court is a division of District Court. The process takes approximately one to two months.
North Carolina landlords are required to make these mandatory disclosures to tenants:
North Carolina generally does not have legal rules regarding whether tenants or landlords can change locks. However, domestic violence victims may request a lock change within 48 hours if the abuser lives in the same dwelling. If the landlord does not comply, victims are allowed to change locks on their own, provided they give the landlord a new key within 48 hours.
North Carolina landlords are forbidden from changing tenant locks to retaliate against a tenant or as a form of “self help” eviction.
When a North Carolina landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspections departments which enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Many cities in North Carolina have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
The City of Charlotte has a minimum housing code that goes beyond the state’s habitability requirements. New Charlotte law strengthens the enforcement of code violations.
Local ordinances in Durham impose additional legal responsibilities on property owners, including setting reasonable occupancy limits and tougher standards for rat-proofing. There are also local ordinances on trash collection and disposal.
Can a Landlord Enter Without Permission in North Carolina? North Carolina landlords can enter rental property without permission for emergencies and other purposes reasonably related to the tenancy, if the rental agreement doesn't say otherwise. The lease usually controls terms of access. Read more » Is North Carolina a “Landlord Friendly” State? North Carolina is generally a landlord-friendly state because landlords have broad power to change rent, evict, and enter properties without permission. However, some urban areas in North Carolina have significant landlord regulations at the local level. Read more » What Are a Tenant’s Rights in North Carolina? North Carolina tenants have the right to seek housing without discrimination, and the right to rent a habitable property. If necessary repairs aren't made in a timely manner, tenants can sue for a reduction (abatement) of rent that's proportionate to the issue. Read more » Can a Tenant Change the Locks in North Carolina? North Carolina tenants can change their locks, as long as this isn't prohibited by the rental agreement. Regardless of what the rental agreement says, in some cases a tenant who's the victim of domestic violence can change the locks as long as new keys are given to the landlord within 48 hours. Read more »
