North Carolina landlord-tenant law: an owner cheat sheet

North Carolina landlord-tenant law lives in Chapter 42 of the General Statutes. Here is the owner's working summary, the rules that come up constantly in real operations.

Money rules

• Deposits: capped by lease term, held in a trust account or secured by bond, returned with an itemized accounting within 30 days (60 with an interim accounting when damages are still being assessed).
• Late fees: capped by statute, and only after rent is at least five days late.

Property rules

• Habitability: owners must provide fit and safe premises, working plumbing, heat, and electrical, and make repairs promptly when notified.
• Smoke and carbon monoxide alarms: required, with working batteries at move-in.

Process rules

• Evictions go through the courts via summary ejectment. Self-help evictions, changing locks or cutting utilities, are illegal and expensive.
• Retaliation against tenants for exercising legal rights is prohibited.

The statutes change, and this summary is orientation rather than law practice. When a real situation gets tense, current statute and a professional beat memory every time.

Common questions

Can I evict a tenant myself in North Carolina?

No. Changing locks, shutting off utilities, or removing belongings is illegal in NC no matter what the tenant did. Evictions go through the local courthouse, and the sheriff carries out any removal.

How much can I charge for a security deposit in NC?

It depends on the lease length: up to two weeks of rent for week-to-week leases, one and a half months for month-to-month, and two months for anything longer.

What repairs am I legally required to make?

Anything affecting whether the home is safe and livable: heat, plumbing, electrical, water leaks, and working smoke and carbon monoxide alarms. Promptly, once you know about it.