Posted in Blog  
  on Oct 15, 2015

North Carolina Landlord Tenant Law: Important Points to Know

Since 1977, landlord tenant law has governed how the conditions of a rental property are maintained. Landlords and tenants each have certain responsibilities under this law. Here are the important points to know.

1. Tenants Must Pay Their Rent On Time.

Tenants must also keep all plumbing fixtures clean, dispose of trash and rubbish in a timely manner, and be responsible for any damage above normal wear and tear that occurs while a rental unit is occupied. Any repairs that are a landlord's responsibility must be requested in writing.

2. Landlords Must Keep Their Rental Property Up To Code.

Tenants have the right to a safe and habitable rental unit. Any repairs that are needed to create a habitable condition must be made. Any common grounds must also be maintained by the landlord and all housing systems must be kept in a good working order. These duties of the landlord-tenant laws cannot be waived by a rental agreement with a tenant.

3. Tenants Cannot Withhold Rent.

Only a judge or the landlord can agree to putting the monthly rent into an escrow account to pay for repairs that are needed. Withholding the rent by a tenant is no allowed. Even if a property is in disrepair, a landlord is allowed to begin the eviction process if the rent is not paid on time.

4. Pet Deposits Do Not Need To Be Refundable.

If the rental term is longer than 60 days, then landlords are allowed to charge a pet deposit that is reasonable and non-refundable in addition to the regular security deposit. The law does limit the amount of a security deposit to 1.5x the amount of monthly rent charged for the unit. Landlords have 30 days to return a deposit, but do have the option to send an itemized bill within that time period to extend the period to 60 days for needed repairs.

5. Tenants Must Receive a 10 Day Notice At Minimum For Violations.

If a tenant does not pay their rent, then landlords must give them 10 days to correct this situation on their first violation. If a second violation occurs, then an unconditional quit notice may be allowed in certain jurisdictions. These important points cover the common questions that are asked regarding North Carolina's landlord tenant law. For specific answers to your questions, be sure to consult with the specific NCGS laws regarding your situation.


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