North Carolina Landlord-Tenant Law
The rules for renting in North Carolina — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for North Carolina
- Security deposit limit
- 2 weeks' rent (week-to-week tenancy); 1.5 months' rent (month-to-month); 2 months' rent (terms longer than month-to-month) N.C. Gen. Stat. § 42-51(b)
- Deposit return deadline
- 30 days after the tenancy ends and possession is delivered. If the landlord's claim can't be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days. N.C. Gen. Stat. § 42-52
- Notice for unpaid rent
- If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. N.C. Gen. Stat. § 42-3; § 42-26(a)(2)
- Ending a month-to-month lease
- 7 days' notice to quit (either party) for month-to-month; 2 days for week-to-week; 1 month for year-to-year; 60 days for manufactured-home lot rentals. N.C. Gen. Stat. § 42-14
- Landlord entry notice
- No statute — North Carolina's landlord-tenant chapter (G.S. Chapter 42) sets no notice period or rules for landlord entry; entry is governed by the lease. N.C. Gen. Stat. Chapter 42 (checked; no entry section)
- Rent control / increase limits
- Statewide preemption: counties and cities may not regulate the amount of rent for privately owned residential or commercial rental property. N.C. Gen. Stat. § 42-14.1
Last verified against official sources: 2026-10-22
Security Deposits in North Carolina
| Security deposit limit | 2 weeks' rent (week-to-week tenancy); 1.5 months' rent (month-to-month); 2 months' rent (terms longer than month-to-month) Deposit must be held in a trust account at a licensed, federally insured institution (or bonded), and the tenant must be told where within 30 days of the lease start (§ 42-50). Source: N.C. Gen. Stat. § 42-51(b) |
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| Deposit return deadline | 30 days after the tenancy ends and possession is delivered. If the landlord's claim can't be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days. If the tenant's address is unknown, the landlord must hold the balance for the tenant for at least 6 months. Source: N.C. Gen. Stat. § 42-52 |
| Itemized deductions | Landlord must itemize any damage in writing and mail or deliver it with the balance of the deposit. Deductions allowed only for: unpaid rent and certain utility charges, damage (including to smoke/CO alarms), damages from breaking the rental period, unpaid bills that become a lien, re-renting costs after breach, removal/storage after summary ejectment, court costs, and fees permitted by § 42-46. No deductions for normal wear and tear or above actual damages. |
| Interest on deposits | No statutory interest requirement The Tenant Security Deposit Act requires a trust account or bond but does not require paying interest to the tenant. |
| Penalty for withholding | Willful failure to comply with the deposit, bond, or notice requirements voids the landlord's right to keep any part of the deposit. Tenant may sue for an accounting and the balance plus damages; court may award attorney's fees for willful noncompliance. No statutory multiple-damages penalty. Source: N.C. Gen. Stat. § 42-55 |
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Eviction in North Carolina
| Notice for unpaid rent | If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. NC Judicial Branch: 'In general, landlords are not required to send an eviction notice before filing an eviction.' (https://www.nccourts.gov/help-topics/housing/landlordtenant-issues) |
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| Notice for lease violations | No statutory cure or notice period. Eviction for a lease violation is allowed only if the lease provides that the tenant's estate ends (forfeiture/re-entry clause) on that breach. § 42-26 requires a demand for surrender of the premises before removal of a holdover. Source: N.C. Gen. Stat. § 42-26(a)(2) |
| Lockouts & utility shutoffs | Residential tenants may be removed only through the court summary ejectment process; actual or constructive removal (e.g., lockouts, utility cutoffs) is prohibited. Tenant may recover possession or terminate the lease, plus actual damages (no punitive or treble damages). NC Judicial Branch: landlords cannot force tenants out 'by changing the locks, turning off utilities or removing the doors.' Distress/distraint of tenant property also prohibited (§ 42-25.7). |
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Notice to Vacate in North Carolina
| Ending a month-to-month lease | 7 days' notice to quit (either party) for month-to-month; 2 days for week-to-week; 1 month for year-to-year; 60 days for manufactured-home lot rentals. Notice must be given before the end of the current rental period. Source: N.C. Gen. Stat. § 42-14 |
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Landlord Entry in North Carolina
| Landlord entry notice | No statute — North Carolina's landlord-tenant chapter (G.S. Chapter 42) sets no notice period or rules for landlord entry; entry is governed by the lease. Check the lease for any entry-notice term. |
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Repairs & Habitability in North Carolina
| Repair and deduct | No statutory repair-and-deduct remedy. Tenant's remedies for breach of the landlord's repair duties are by civil action; tenant may not unilaterally withhold rent before a court determination. Landlord must repair electrical, plumbing, heating, etc. when notified in writing by the tenant (except emergencies) (§ 42-42(a)(4)). Source: N.C. Gen. Stat. §§ 42-42, 42-44 |
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| Withholding rent | Not allowed: the tenant may not unilaterally withhold rent before a judicial determination of a right to do so. Rent and the landlord's fit-premises duties are mutually dependent, so a tenant may seek rent abatement/damages in court (including as a counterclaim). § 42-41: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-41.html |
| Retaliation protection | Protected acts: good-faith repair requests/complaints to the landlord, complaints to a government agency about health/safety/housing code violations, a government agency's formal complaint, good-faith efforts to enforce lease or legal rights, and tenant-organizing. Tenant may raise retaliation as a defense if the eviction is substantially in response to a protected act within 12 months before filing; if proven, the court denies ejectment. Landlord can still prevail for nonpayment or other substantial breach, holdover after a fixed term with no renewal option, tenant-caused conditions, required demolition/major renovation, a notice to quit given before the protected act, or good-faith owner occupancy/demolition. |
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Rent Increases & Late Fees in North Carolina
| Rent control / increase limits | Statewide preemption: counties and cities may not regulate the amount of rent for privately owned residential or commercial rental property. Amended by S.L. 2024-47 to also bar local ordinances prohibiting landlords from refusing tenants whose rent includes federal housing assistance (source-of-income). Exceptions: government-owned property, subsidized-housing agreements, CDBG-assisted properties, and properties receiving local funding/incentives. Source: N.C. Gen. Stat. § 42-14.1 |
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| Late fees | May be charged only if rent is 5 or more calendar days late. Monthly rent: max of $15 or 5% of monthly rent, whichever is greater. Weekly rent: max of $4 or 5% of weekly rent, whichever is greater. Only one late fee per late payment. § 42-46 also caps administrative eviction fees (complaint-filing $15 or 5%; court-appearance 10% of monthly rent) and lease-based attorney's fees at 15% of the amount owed. Section amended in 2024 and 2025 (S.L. 2024-47, 2025-45, 2025-52, 2025-54). Source: N.C. Gen. Stat. § 42-46(a)-(b) |
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Breaking a Lease in North Carolina
| Ending a lease: domestic violence | A 'protected tenant' (victim of domestic violence, sexual assault, or stalking) may end the lease with written notice effective at least 30 days after the landlord receives it. The notice must include one of: a non-ex parte protective order under chapter 50B or 50C, a criminal no-contact order, or an Address Confidentiality Program card. DV and sexual assault victims must also include a safety plan dated during the tenancy, from a qualifying DV or sexual assault program, that recommends relocation. The tenant owes rent prorated to the termination date and no other rent or fees for ending early. Ending the lease 14+ days before move-in means no damages or penalties. Remaining tenants stay bound, and an abuser excluded by court order stays liable. This right cannot be waived. Related: victims may require the landlord to change locks (§ 42-42.3), and landlords may not discriminate against victims (§ 42-42.2); not detailed here. Source: N.C. Gen. Stat. § 42-45.1 |
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| Ending a lease: military, medical, death | Military: a servicemember with permanent change of station orders 50+ miles away, or who is prematurely or involuntarily discharged or released from active duty, may end the lease with written notice effective at least 30 days after receipt. Deployment of 90+ days is also covered, effective the sooner of 30 days after the next rent due date or 45 days after notice. The notice must include the orders or a commanding officer's verification. If the member dies on active duty, an immediate family member or estate representative may end the lease. Liquidated damages are allowed only if under 9 months of the tenancy have been completed: up to one month's rent if under 6 months, or half a month's rent if 6-9 months. Foreclosure: a tenant in a property with fewer than 15 units being sold in foreclosure may end the lease effective 10-90 days after the sale date. No state-law right for medical reasons, disability, or seniors was found. On a tenant's death, the landlord may use an affidavit process to remove a sole occupant's belongings (§ 42-36.3). The official § 42-45 text opens with 'Any military technician under section 10216 of Title 10' and then refers to 'the member'. The wording appears to be a codification artifact. Coverage of regular active-duty members should be confirmed. No waiver allowed (§ 42-45(c)). |
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Squatters & Abandoned Property in North Carolina
| Squatters / unauthorized occupants | Expedited court removal, effective December 1, 2025. The owner or an authorized representative files a complaint with the clerk (or a magistrate if the clerk's office is closed) in the county where the property is located; it may be addressed to 'John (and/or Jane) Doe and all Occupants'. The complaint must allege that: the occupant entered after the owner acquired the property; the property was not open to the public; the owner told the occupant to leave; the occupant is not a tenant or owner; there is no valid rental agreement or contract for deed; no rent was ever demanded or paid; and no related litigation is pending. The sheriff serves the papers personally or by posting on the front door within 24 hours. A magistrate holds a hearing within 48 hours after service. If the owner wins, the order gives possession and requires the occupant to leave within no more than 4 hours after service of the order. An occupant who appeals must post a bond of at least $10,000. Failing to leave as ordered is criminal trespass, and the owner may move leftover belongings to or near the property line. A person wrongfully removed may sue for possession and actual damages. This is an alternative remedy. It excludes tenants holding over under G.S. 42-26. Signed August 6, 2025. Officers may still arrest for trespass or other crimes (§ 14-159.56(b)). |
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| Belongings left behind | After eviction: once the landlord is put in possession by a writ, the landlord must hold the property for 7 days, may move it for storage but may not discard or sell it during that period, and must release it on the tenant's request. After 7 days the landlord may dispose of it or sell it. A sale requires written notice to the tenant by first-class mail at least 7 days before the sale, giving the date, time, and place and stating that any surplus goes to the tenant on request and then to the county. If the property is worth less than $500 in total, it is deemed abandoned 5 days after the writ is executed. For property worth $750 or less that is abandoned or left at an eviction, the landlord may instead give it to a nonprofit that stores it for 30 days and releases it free to the tenant. This option requires posting a notice at the unit and the rent office (30 days) and mailing it to the tenant. Abandonment is presumed 10+ days after the landlord posts a notice of suspected abandonment inside and outside the unit with no response. Before executing the writ, the sheriff's notice must warn that failing to request the property within 7 days may result in it being thrown away, disposed of, or sold (§ 42-36.2(d), https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_42.html). Deceased sole occupant: the landlord may use the G.S. 28A-25-7 affidavit procedure (§ 42-36.3). |
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Rental Fees in North Carolina
| Application / screening fees | No statute. N.C. Gen. Stat. chapter 42 has no cap or refund rule for rental application or screening fees. Based on a full-text search of chapter 42. |
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| Other rental fees | Fees tied to late payment and eviction are tightly limited. Late fee: only once rent is 5+ days late, max the greater of $15 or 5% of monthly rent (weekly: $4 or 5%), once per late payment. Only one administrative eviction fee may be charged per case, and only under a written lease: complaint-filing fee (greater of $15 or 5% of rent, only if the tenant cures and the case is dismissed), court-appearance fee (10% of rent), or second-trial fee (12% of rent). Any other administrative eviction fee is void. Recoverable out-of-pocket costs are limited to court filing fees, service costs, and attorney fees (capped at 15% in most cases). Renter's insurance: the tenant cannot be required to use a designated carrier. Force-placed coverage: actual cost plus at most $50 per year, only if the tenant fails to show proof within 3 business days. For subsidized rent, fees are figured on the tenant's share only. Amended by S.L. 2025-45, 2025-52, and 2025-54; the official text of subdivision (i)(4) appears garbled on ncleg.gov. No general rule on convenience or online-payment fees or total-cost disclosure. Source: N.C. Gen. Stat. § 42-46 |
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Section 8, Records & Right to Counsel in North Carolina
| Section 8 / source of income | No statewide protection. Since 2024 state law also bars counties and cities from adopting or enforcing ordinances that stop landlords from refusing tenants whose rent includes federal housing assistance (for example Section 8 vouchers). Exceptions: local regulation of locally owned property, agreements for subsidized units, CDBG-assisted properties, and owners receiving local funding or incentives (§ 42-14.1(c)). |
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| Eviction record sealing | No statute. North Carolina has no general provision for sealing or expunging summary ejectment (eviction) records. Absence checked only in chapter 42. The only 'sealed' reference there concerns criminal records in nuisance-eviction actions (Article 7). Chapter 7A and court rules were not checked. |
| Right to a lawyer in eviction | No statute. North Carolina has no statewide right to a lawyer in eviction cases. Absence checked in chapter 42 only. |
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Mold, Pests, Heat & AC in North Carolina
| Mold | No mold-specific statute, but excessive standing water, sewage, or flooding caused by plumbing leaks or inadequate drainage that contributes to mold is an 'imminently dangerous condition' the landlord must repair within a reasonable time after actual knowledge or notice. The general duty to keep the premises fit and habitable also applies. No mold disclosure or remediation standard. The landlord may recover from the tenant the reasonable cost of repairing imminently dangerous conditions that are the tenant's fault. |
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| Pests & bed bugs | No bed-bug statute. Rat infestation resulting from structural defects that leave the premises not impervious to rodents is an 'imminently dangerous condition' the landlord must remedy within a reasonable time; drainage problems contributing to mosquito infestation are also listed. The tenant must keep the unit clean and safe, avoid unsanitary conditions in common areas, and dispose of garbage properly. Insect infestations not tied to these listed conditions fall under the general fit-and-habitable duty and local housing codes. |
| Heat | Yes. The landlord must keep heating facilities in good and safe working order (after written notice of needed repairs, except emergencies), and lack of operable heating facilities capable of heating living areas to 65°F when it is 20°F outside, from November 1 through March 31, is an imminently dangerous condition requiring prompt repair. Local minimum housing codes may set additional standards. |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. Air conditioning supplied or required to be supplied by the landlord must be kept in good and safe working order and promptly repaired after written notice (except emergencies). A 2025 bill to require operable air conditioning in rentals (H 879) was referred to committee and is not law. Source: N.C. Gen. Stat. § 42-42(a)(4) |
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Privacy, Guests & Animals in North Carolina
| Cameras & privacy | No landlord-specific camera statute. Secretly peeping into a room occupied by another person (including a bedroom, bathroom, or shower) is a Class 1 misdemeanor; doing so while possessing an image-capturing device with intent to make an image is a Class A1 misdemeanor; and secretly using a device to photograph a person in such a room for sexual gratification is a Class I felony. § 14-202 was amended by S.L. 2025-70 effective December 1, 2025. North Carolina's landlord-tenant chapter has no general landlord-entry section; entry is governed by the lease. Source: N.C. Gen. Stat. § 14-202 |
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| Guests & occupants | No statute — lease governs guests and occupants. The tenant may not knowingly permit any person to damage the premises. No statewide occupancy limit or roommate statute; local codes and fair-housing law limit unreasonable occupancy restrictions. Source: N.C. Gen. Stat. § 42-43(a)(4) |
| Service & support animals (state law) | A person with a disability may keep a service animal trained to assist with the person's specific disability on any premises the person leases or rents, upon showing a state service-animal registration tag or that the animal is being or has been trained as a service animal. No extra compensation may be charged for the animal, but the person is liable for damage it causes. Disguising an animal as a service animal, or charging a fee for a service animal, is a Class 3 misdemeanor. No state statute sets emotional support animal documentation rules. Emotional support animals are handled as reasonable-accommodation requests under the federal Fair Housing Act and the North Carolina State Fair Housing Act. |
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How eviction works in North Carolina
Eviction cases are heard in: District Court, small claims division (magistrate); appeal to District Court for a new trial.
- Notice (if required): 10-day demand for rent if the lease lacks a forfeiture clause (§ 42-3); notice to quit for holdovers (§ 42-14)
- Landlord files a Complaint in Summary Ejectment with the clerk of superior court
- Clerk issues summons to appear within 7 days (excluding weekends/holidays); served by sheriff (mail plus attempted personal delivery or posting) or certified mail (§§ 42-28, 42-29)
- Hearing before a magistrate; judgment for possession (§ 42-30)
- 10-day appeal period to District Court; landlord cannot remove the tenant until it ends; tenant can stay execution on appeal by paying undisputed rent into court (§ 42-34)
- Clerk issues Writ of Possession; sheriff must execute within 5 days of receipt, gives notice of the approximate time, and the landlord padlocks the unit (§ 42-36.2)
Summons requires the tenant to appear at a hearing not more than 7 days from issuance, excluding weekends and legal holidays (§ 42-28). No written answer is required in small claims.
Source: N.C. Gen. Stat. §§ 42-26 to 42-36.2
What surprises people about North Carolina rental law
- Late fees can only be charged once rent is 5 days late and the cap is the GREATER of $15 or 5% (N.C. Gen. Stat. § 42-46)
- Landlord must tell the tenant within 30 days where the deposit is held (bank name/address or bond insurer) (N.C. Gen. Stat. § 42-50)
- Month-to-month tenancies can be ended on only 7 days' notice (N.C. Gen. Stat. § 42-14)
- If a tenant was served only by posting and doesn't appear, the magistrate cannot award money, only possession (NC Judicial Branch landlord/tenant help page)
- After eviction, the landlord must hold remaining belongings for 7 days (and may sell them only after 7 days' mailed notice); if everything left is worth less than $500 in total, it is deemed abandoned after 5 days (N.C. Gen. Stat. § 42-25.9(g)-(h))
- Local governments are barred from rent control and, since 2024, from source-of-income (voucher) anti-discrimination ordinances (N.C. Gen. Stat. § 42-14.1)
Federal law that also applies in North Carolina
These federal rules apply on top of North Carolina law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in North Carolina
These cities add their own tenant protections on top of state law:
- Charlotte landlord-tenant rules
- Durham landlord-tenant rules
- Greensboro landlord-tenant rules
- Raleigh landlord-tenant rules
Eviction by county in North Carolina
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Mecklenburg County (Charlotte)
- Eviction in Wake County (Raleigh)
- Eviction in Guilford County (Greensboro, High Point)
- Eviction in Durham County (Durham)
- Eviction in Cumberland County (Fayetteville)
- Eviction in Forsyth County (Winston-Salem)
- Eviction in New Hanover County (Wilmington)
- Eviction in Pitt County (Greenville)
- Eviction in Buncombe County (Asheville)
- Eviction in Gaston County (Gastonia)
- Eviction in Onslow County (Jacksonville)
For landlords
How to evict a tenant in North Carolina — steps, cost, timeline and forms.
Common North Carolina questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How North Carolina compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| North Carolina | 2 weeks' rent (week-to-week tenancy); 1.5 months' rent (month-to-month); 2 months' rent (terms longer than month-to-month) N.C. Gen. Stat. § 42-51(b) | 30 days after the tenancy ends and possession is delivered. If the landlord's claim can't be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days. N.C. Gen. Stat. § 42-52 | If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. N.C. Gen. Stat. § 42-3; § 42-26(a)(2) |
| Georgia | 2 months' rent. No landlord may demand or receive a security deposit that exceeds the equivalent of two months' rent. O.C.G.A. § 44-7-30.1 (added by HB 404, 2024 Safe at Home Act, Act 392) | Within 30 days after the landlord obtains possession of the unit. The landlord complies by mailing the statement and any refund by first-class mail to the tenant's last known address. If the mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, it becomes the landlord's property 90 days after mailing. O.C.G.A. § 44-7-34(a) | Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392) |
| South Carolina | No statutory cap on the amount of a security deposit. S.C. Code § 27-40-410 | 30 days after termination of the tenancy and delivery of possession and demand by the tenant. S.C. Code § 27-40-410(a) | If rent is unpaid and not paid within 5 days of the due date, the landlord may terminate after written notice of nonpayment and intent to terminate. If the written lease contains the statutory notice language in bold, conspicuous type, the lease itself serves as the notice. S.C. Code § 27-40-710(B); § 27-37-10(B) |
| Tennessee | No statutory cap on the amount of a security deposit. T.C.A. 66-28-301 | No fixed number of days for returning the deposit. In URLTA counties, if the tenant leaves owing no rent and is due a refund, the landlord must send notice of the refund amount to the tenant's last known or reasonably determinable address. If the tenant does not respond within 60 days of that notice, the landlord may keep the deposit. Move-out inspection: on the move-out day or within 4 calendar days after it. T.C.A. 66-28-301(b)(1)(A), (f) | 14 days. URLTA counties: written notice that the lease will end unless the rent is paid within 14 days after the tenant receives the notice. The tenant can cure by paying. Notice may be waived only by a waiver in 12-point or larger bold type in the lease, and the 5-day late-fee grace period still applies. Non-URLTA counties: 14 days' notice for rent that is due and in arrears, upon demand. The lease does not end if the tenant pays before the date in the notice. T.C.A. 66-28-505(a)(2), (b); 66-28-201(c); 66-7-109(a) |
| Virginia | Two months' periodic rent. Va. Code 55.1-1226(A) | 45 days after termination of the tenancy or the date the tenant vacates, whichever is later. Va. Code 55.1-1226(A) | 14-day written pay-or-quit notice. Va. Code 55.1-1245(F) |
North Carolina landlord-tenant FAQ
How much can a landlord charge for a security deposit in North Carolina?
2 weeks' rent (week-to-week tenancy); 1.5 months' rent (month-to-month); 2 months' rent (terms longer than month-to-month) (N.C. Gen. Stat. § 42-51(b))
How long does a landlord have to return a security deposit in North Carolina?
30 days after the tenancy ends and possession is delivered. If the landlord's claim can't be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days. (N.C. Gen. Stat. § 42-52)
Does a landlord have to pay interest on a security deposit in North Carolina?
No statutory interest requirement (N.C. Gen. Stat. §§ 42-50 to 42-56)
Does a landlord in North Carolina have to give an itemized list of deposit deductions?
Landlord must itemize any damage in writing and mail or deliver it with the balance of the deposit. Deductions allowed only for: unpaid rent and certain utility charges, damage (including to smoke/CO alarms), damages from breaking the rental period, unpaid bills that become a lien, re-renting costs after breach, removal/storage after summary ejectment, court costs, and fees permitted by § 42-46. No deductions for normal wear and tear or above actual damages. (N.C. Gen. Stat. §§ 42-51(a), 42-52)
What happens if a landlord in North Carolina wrongfully keeps a security deposit?
Willful failure to comply with the deposit, bond, or notice requirements voids the landlord's right to keep any part of the deposit. Tenant may sue for an accounting and the balance plus damages; court may award attorney's fees for willful noncompliance. (N.C. Gen. Stat. § 42-55)
How much notice does a landlord have to give before evicting for unpaid rent in North Carolina?
If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. (N.C. Gen. Stat. § 42-3; § 42-26(a)(2))
How much notice is required to evict for a lease violation in North Carolina?
No statutory cure or notice period. Eviction for a lease violation is allowed only if the lease provides that the tenant's estate ends (forfeiture/re-entry clause) on that breach. (N.C. Gen. Stat. § 42-26(a)(2))
How much notice is needed to end a month-to-month lease in North Carolina?
7 days' notice to quit (either party) for month-to-month; 2 days for week-to-week; 1 month for year-to-year; 60 days for manufactured-home lot rentals. (N.C. Gen. Stat. § 42-14)
Can a landlord enter without notice in North Carolina?
No statute — North Carolina's landlord-tenant chapter (G.S. Chapter 42) sets no notice period or rules for landlord entry; entry is governed by the lease. (N.C. Gen. Stat. Chapter 42 (checked; no entry section))
Is there a limit on late fees in North Carolina?
May be charged only if rent is 5 or more calendar days late. Monthly rent: max of $15 or 5% of monthly rent, whichever is greater. Weekly rent: max of $4 or 5% of weekly rent, whichever is greater. Only one late fee per late payment. (N.C. Gen. Stat. § 42-46(a)-(b))
Can a tenant repair and deduct from rent in North Carolina?
No statutory repair-and-deduct remedy. Tenant's remedies for breach of the landlord's repair duties are by civil action; tenant may not unilaterally withhold rent before a court determination. (N.C. Gen. Stat. §§ 42-42, 42-44)
Can a tenant withhold rent for repairs in North Carolina?
Not allowed: the tenant may not unilaterally withhold rent before a judicial determination of a right to do so. Rent and the landlord's fit-premises duties are mutually dependent, so a tenant may seek rent abatement/damages in court (including as a counterclaim). (N.C. Gen. Stat. §§ 42-44(c), 42-41)
Can a landlord retaliate against a tenant for complaining in North Carolina?
Protected acts: good-faith repair requests/complaints to the landlord, complaints to a government agency about health/safety/housing code violations, a government agency's formal complaint, good-faith efforts to enforce lease or legal rights, and tenant-organizing. Tenant may raise retaliation as a defense if the eviction is substantially in response to a protected act within 12 months before filing; if proven, the court denies ejectment. (N.C. Gen. Stat. §§ 42-37.1, 42-37.2)
Is there rent control or a limit on rent increases in North Carolina?
Statewide preemption: counties and cities may not regulate the amount of rent for privately owned residential or commercial rental property. (N.C. Gen. Stat. § 42-14.1)
Can a landlord change the locks or shut off utilities in North Carolina?
Residential tenants may be removed only through the court summary ejectment process; actual or constructive removal (e.g., lockouts, utility cutoffs) is prohibited. Tenant may recover possession or terminate the lease, plus actual damages (no punitive or treble damages). (N.C. Gen. Stat. §§ 42-25.6, 42-25.9(a))
What is the small claims court limit in North Carolina for a deposit dispute?
$10,000 (N.C. Gen. Stat. § 7A-210(1))
How do you remove a squatter in North Carolina?
Expedited court removal, effective December 1, 2025. The owner or an authorized representative files a complaint with the clerk (or a magistrate if the clerk's office is closed) in the county where the property is located; it may be addressed to 'John (and/or Jane) Doe and all Occupants'. The complaint must allege that: the occupant entered after the owner acquired the property; the property was not open to the public; the owner told the occupant to leave; the occupant is not a tenant or owner; there is no valid rental agreement or contract for deed; no rent was ever demanded or paid; and no related litigation is pending. The sheriff serves the papers personally or by posting on the front door within 24 hours. A magistrate holds a hearing within 48 hours after service. If the owner wins, the order gives possession and requires the occupant to leave within no more than 4 hours after service of the order. An occupant who appeals must post a bond of at least $10,000. Failing to leave as ordered is criminal trespass, and the owner may move leftover belongings to or near the property line. A person wrongfully removed may sue for possession and actual damages. (N.C. Gen. Stat. §§ 14-159.50 to 14-159.56 (S.L. 2025-88, S.B. 55))
What can a landlord do with a tenant's abandoned property in North Carolina?
After eviction: once the landlord is put in possession by a writ, the landlord must hold the property for 7 days, may move it for storage but may not discard or sell it during that period, and must release it on the tenant's request. After 7 days the landlord may dispose of it or sell it. A sale requires written notice to the tenant by first-class mail at least 7 days before the sale, giving the date, time, and place and stating that any surplus goes to the tenant on request and then to the county. If the property is worth less than $500 in total, it is deemed abandoned 5 days after the writ is executed. For property worth $750 or less that is abandoned or left at an eviction, the landlord may instead give it to a nonprofit that stores it for 30 days and releases it free to the tenant. This option requires posting a notice at the unit and the rent office (30 days) and mailing it to the tenant. Abandonment is presumed 10+ days after the landlord posts a notice of suspected abandonment inside and outside the unit with no response. (N.C. Gen. Stat. § 42-25.9(d)-(h); § 42-36.2)
Is there a limit on rental application fees in North Carolina?
No statute. N.C. Gen. Stat. chapter 42 has no cap or refund rule for rental application or screening fees. (N.C. Gen. Stat. ch. 42 (no application-fee section))
What rental fees are banned or limited in North Carolina?
Fees tied to late payment and eviction are tightly limited. Late fee: only once rent is 5+ days late, max the greater of $15 or 5% of monthly rent (weekly: $4 or 5%), once per late payment. Only one administrative eviction fee may be charged per case, and only under a written lease: complaint-filing fee (greater of $15 or 5% of rent, only if the tenant cures and the case is dismissed), court-appearance fee (10% of rent), or second-trial fee (12% of rent). Any other administrative eviction fee is void. Recoverable out-of-pocket costs are limited to court filing fees, service costs, and attorney fees (capped at 15% in most cases). Renter's insurance: the tenant cannot be required to use a designated carrier. Force-placed coverage: actual cost plus at most $50 per year, only if the tenant fails to show proof within 3 business days. For subsidized rent, fees are figured on the tenant's share only. (N.C. Gen. Stat. § 42-46)
Can a domestic violence survivor break a lease in North Carolina?
A 'protected tenant' (victim of domestic violence, sexual assault, or stalking) may end the lease with written notice effective at least 30 days after the landlord receives it. The notice must include one of: a non-ex parte protective order under chapter 50B or 50C, a criminal no-contact order, or an Address Confidentiality Program card. DV and sexual assault victims must also include a safety plan dated during the tenancy, from a qualifying DV or sexual assault program, that recommends relocation. The tenant owes rent prorated to the termination date and no other rent or fees for ending early. Ending the lease 14+ days before move-in means no damages or penalties. Remaining tenants stay bound, and an abuser excluded by court order stays liable. This right cannot be waived. (N.C. Gen. Stat. § 42-45.1)
When can a tenant break a lease without penalty in North Carolina?
Military: a servicemember with permanent change of station orders 50+ miles away, or who is prematurely or involuntarily discharged or released from active duty, may end the lease with written notice effective at least 30 days after receipt. Deployment of 90+ days is also covered, effective the sooner of 30 days after the next rent due date or 45 days after notice. The notice must include the orders or a commanding officer's verification. If the member dies on active duty, an immediate family member or estate representative may end the lease. Liquidated damages are allowed only if under 9 months of the tenancy have been completed: up to one month's rent if under 6 months, or half a month's rent if 6-9 months. Foreclosure: a tenant in a property with fewer than 15 units being sold in foreclosure may end the lease effective 10-90 days after the sale date. No state-law right for medical reasons, disability, or seniors was found. On a tenant's death, the landlord may use an affidavit process to remove a sole occupant's belongings (§ 42-36.3). (N.C. Gen. Stat. §§ 42-45, 42-45.2, 42-36.3)
Can an eviction record be sealed or removed in North Carolina?
No statute. North Carolina has no general provision for sealing or expunging summary ejectment (eviction) records. (N.C. Gen. Stat. ch. 42 (no sealing provision for summary ejectment))
Can a landlord refuse Section 8 vouchers in North Carolina?
No statewide protection. Since 2024 state law also bars counties and cities from adopting or enforcing ordinances that stop landlords from refusing tenants whose rent includes federal housing assistance (for example Section 8 vouchers). (N.C. Gen. Stat. § 42-14.1(b) (S.L. 2024-47, s. 7))
Do tenants have a right to a free lawyer in eviction cases in North Carolina?
No statute. North Carolina has no statewide right to a lawyer in eviction cases. (N.C. Gen. Stat. ch. 42, art. 3 (Summary Ejectment; no counsel provision))
What does a North Carolina notice to pay rent or quit have to include?
For leases with a fixed rent due date, the term is forfeited if the tenant fails to pay within 10 days after the landlord or agent demands all past-due rent. The statute does not set required wording, a written form, or a delivery method for the demand. After the 10 days, the landlord may file for summary ejectment. (N.C. Gen. Stat. § 42-3)
What does a North Carolina notice to end a month-to-month tenancy have to include?
Month-to-month: notice to quit at least 7 days before the end of the current rental period. Week-to-week: 2 days. Year-to-year: one month or more before the end of the year. Manufactured home lot rentals: at least 60 days before the end of the current rental period, whatever the term. The statute does not specify required wording or a delivery method. (N.C. Gen. Stat. § 42-14)
What must a North Carolina security deposit itemization include?
Within 30 days after the tenancy ends and possession is returned, the landlord must itemize any damage in writing and mail or deliver it to the tenant with the deposit balance. If the claim cannot be determined in 30 days, an interim accounting is due within 30 days and a final accounting within 60 days. No deductions for normal wear and tear or beyond actual damages. If the tenant's address is unknown, the landlord applies the deposit after 30 days and holds the balance for the tenant for at least 6 months. (N.C. Gen. Stat. § 42-52)
How long does a landlord have to sue for unpaid rent in North Carolina?
3 years for an action on a contract, written or oral (express or implied), including suits for unpaid rent or lease damages. (N.C. Gen. Stat. § 1-52(1))
Can a landlord accept rent during an eviction in North Carolina?
In an eviction for a lease breach that ends the tenancy under the lease terms (G.S. 42-26(a)(2)), the lease may state that the landlord's acceptance of partial rent or a partial housing subsidy payment does not waive the breach. Using such a clause is not an unfair trade practice. Without such a clause, waiver is left to case law. In a nonpayment forfeiture case, if the tenant pays or tenders the rent due plus court costs before judgment, the case ends. (N.C. Gen. Stat. §§ 42-26(c), 42-33)
Can you be evicted in the winter in North Carolina?
No statute — G.S. Chapter 42 has no winter or cold-weather limit on evictions. (N.C. Gen. Stat. ch. 42 (section list reviewed))
Can a landlord give notice by text or email in North Carolina?
No statute prescribes how a landlord's rent demand or notice to quit must be delivered. G.S. 42-3 requires a demand for past-due rent, and G.S. 42-14 a notice to quit, without saying how either is served. In court, the summons and complaint are served by the sheriff: mailed first-class to the tenant, then delivered in person or left with a resident of suitable age, or, if neither works, posted conspicuously on the premises. (N.C. Gen. Stat. §§ 42-3, 42-14, 42-29)
How much notice is required for a rent increase in North Carolina?
No statute — North Carolina sets no rent-increase notice period. A month-to-month tenancy can be ended by a notice to quit given 7 days before the end of the period (2 days for week-to-week, 1 month for year-to-year). Manufactured-home lot rentals need 60 days. Local governments may not enact rent control. (N.C. Gen. Stat. §§ 42-14, 42-14.1)
Does a landlord have to give a copy of the lease in North Carolina?
No statute — Chapter 42 does not require the landlord to give the tenant a copy of the signed lease or to disclose the owner's or agent's identity at move-in. (N.C. Gen. Stat. ch. 42 (section list reviewed))
What are tenants' rights in a foreclosure in North Carolina?
For residential property with fewer than 15 rental units, the foreclosure notice of sale must be mailed to each tenant (by name, or to 'occupant') at least 20 days before the sale. It must tell tenants they may end their lease by written notice effective 10 to 90 days after the sale date, if the default is not cured. A tenant who ends the lease this way owes only prorated rent. After the sale, the purchaser can get a clerk's order for possession only after 10 days' notice to those in possession, or 30 days for properties with 15 or more rental units. When the landlord's interest ends, the deposit must be transferred to the successor (with notice to the tenant) or returned within 30 days. (N.C. Gen. Stat. §§ 45-21.17(4), 45-21.16A(b), 42-45.2, 45-21.29(k)(5), 42-54)
Does a landlord have to fix mold in North Carolina?
No mold-specific statute, but excessive standing water, sewage, or flooding caused by plumbing leaks or inadequate drainage that contributes to mold is an 'imminently dangerous condition' the landlord must repair within a reasonable time after actual knowledge or notice. The general duty to keep the premises fit and habitable also applies. (N.C. Gen. Stat. § 42-42(a)(2), (a)(8)(l))
Who pays for pest control and bed bugs in North Carolina?
No bed-bug statute. Rat infestation resulting from structural defects that leave the premises not impervious to rodents is an 'imminently dangerous condition' the landlord must remedy within a reasonable time; drainage problems contributing to mosquito infestation are also listed. The tenant must keep the unit clean and safe, avoid unsanitary conditions in common areas, and dispose of garbage properly. (N.C. Gen. Stat. §§ 42-42(a)(2), (a)(8)(k)-(l); 42-43(a)(1)-(2))
Does a landlord have to provide heat in North Carolina?
Yes. The landlord must keep heating facilities in good and safe working order (after written notice of needed repairs, except emergencies), and lack of operable heating facilities capable of heating living areas to 65°F when it is 20°F outside, from November 1 through March 31, is an imminently dangerous condition requiring prompt repair. (N.C. Gen. Stat. § 42-42(a)(4), (a)(8)(h))
Does a landlord have to provide air conditioning in North Carolina?
No state requirement to provide air conditioning or a maximum indoor temperature. Air conditioning supplied or required to be supplied by the landlord must be kept in good and safe working order and promptly repaired after written notice (except emergencies). (N.C. Gen. Stat. § 42-42(a)(4))
What can a landlord deduct from a deposit for cleaning or damage in North Carolina?
Not defined by statute. The tenant is responsible for damage, defacement, or removal of property in the unit unless due to ordinary wear and tear, acts of the landlord or its agent, defective products or repairs authorized by the landlord, acts of third parties not invited by the tenant, or natural forces. Deposits may be used only for listed purposes, including nonpayment of rent and 'damage to the premises.' (N.C. Gen. Stat. §§ 42-43(a)(6), 42-51(a))
Can a landlord put cameras in or around a rental in North Carolina?
No landlord-specific camera statute. Secretly peeping into a room occupied by another person (including a bedroom, bathroom, or shower) is a Class 1 misdemeanor; doing so while possessing an image-capturing device with intent to make an image is a Class A1 misdemeanor; and secretly using a device to photograph a person in such a room for sexual gratification is a Class I felony. (N.C. Gen. Stat. § 14-202)
Can a landlord limit guests or roommates in North Carolina?
No statute — lease governs guests and occupants. The tenant may not knowingly permit any person to damage the premises. (N.C. Gen. Stat. § 42-43(a)(4))
Can a landlord deny a service or emotional support animal in North Carolina?
A person with a disability may keep a service animal trained to assist with the person's specific disability on any premises the person leases or rents, upon showing a state service-animal registration tag or that the animal is being or has been trained as a service animal. No extra compensation may be charged for the animal, but the person is liable for damage it causes. Disguising an animal as a service animal, or charging a fee for a service animal, is a Class 3 misdemeanor. No state statute sets emotional support animal documentation rules. (N.C. Gen. Stat. §§ 168-4.2(a), 168-4.4, 168-4.5, 168-9)
Official resources for North Carolina
- NC Judicial Branch - Landlord/Tenant Issues
- NC General Statutes Chapter 42 - Residential Rental Agreements (§ 42-42)
- NC Tenant Security Deposit Act (§ 42-51)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.