North Carolina Landlord-Tenant Law at a Glance
North Carolina ties its deposit cap to how often rent is paid: two weeks’ rent for week-to-week tenancies, one and a half months for month-to-month, and two months for longer terms (N.C.G.S. § 42-51). A late fee on monthly rent is capped at $15 or 5%, whichever is greater.
How Long Does a Landlord Have to Return a Security Deposit in North Carolina?
A North Carolina landlord has 30 days after the tenancy ends to return the deposit or an itemized list of damages, extendable to 60 days if the amount of a claim cannot yet be determined.
| Maximum Deposit | 2 weeks (week-to-week); 1.5 months (month-to-month); 2 months (longer terms) |
| Return Deadline | 30 days; up to 60 days for an undetermined claim |
| Interest Required | No, but the deposit must be in a trust account or bonded |
| Itemized Statement | Required |
| Statute Reference | N.C.G.S. §§ 42-50 to 42-52 |
How Much Can a Landlord Raise Rent in North Carolina?
North Carolina forbids local rent control and has no cap on increases; a late fee on monthly rent is the greater of $15 or 5% and cannot be charged until rent is 5 days late.
| Grace Period | 5 days before a late fee applies |
| Late Fee Limit | Greater of $15 or 5% of monthly rent |
| Rent Control Status | Prohibited (N.C.G.S. § 42-14.1) |
| Statute Reference | N.C.G.S. §§ 42-14.1, 42-46 |
How to Evict a Tenant in North Carolina
A North Carolina eviction for unpaid rent requires a written demand for payment and 10 days’ wait before filing a summary ejectment case.
| Non-Payment Notice | 10 days after written demand |
| Month-to-Month Notice | 7 days |
| Illegal Activity | Expedited eviction for criminal activity |
| Statute Reference | N.C.G.S. §§ 42-3, 42-14, 42-63 |
Can a Landlord Enter Without Permission in North Carolina?
North Carolina has no entry statute; the lease controls.
| Notice Required | No statutory period; follow the lease |
| Emergency Entry | Allowed |
What Must a North Carolina Lease Disclose?
- Lead-based paint disclosure (pre-1978 housing)
- Name and address of the bank holding the deposit, within 30 days (N.C.G.S. § 42-50)
- Working smoke and carbon monoxide alarms at move-in (N.C.G.S. § 42-42)
What Repairs Is a Landlord Responsible For in North Carolina?
North Carolina landlords must keep the premises fit and habitable and make repairs promptly, but tenants may not withhold rent without a court order.
What North Carolina landlords must maintain
- • Comply with building and housing codes
- • Keep the premises fit and habitable and make repairs
- • Maintain supplied electrical, plumbing, sanitary, heating and appliances
- • Install and maintain smoke and carbon monoxide alarms
What a North Carolina tenant can do
- • Sue for damages or rent abatement
- • No rent withholding without a court order (N.C.G.S. § 42-44)
| Repair & Deduct | Not provided by North Carolina statute |
| Statute Reference | N.C.G.S. §§ 42-42, 42-44 |