North Carolina Residential Lease Agreement
A free North Carolina lease template, plus what North Carolina law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures North Carolina requires
| Where the security deposit is held | Within 30 days after the lease term begins, the landlord or agent must tell the tenant the name and address of the bank or institution holding the deposit in trust, or the name of the insurance company providing the landlord's bond. A deposit may be kept in an out-of-state trust account only if the landlord gives the tenant a bond for the full amount. Applies to: Residential leases with a security deposit Source: N.C. Gen. Stat. § 42-50 |
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Terms North Carolina law requires or controls
| Late fee terms | A late fee must be agreed in the lease and may be charged only once rent is 5 or more calendar days late: for monthly rent, up to the greater of $15 or 5% of the monthly rent; for weekly rent, up to the greater of $4 or 5% of the weekly rent. Only one late fee per late payment, and it may not be deducted from a later rent payment so as to make that payment late. No late fee for unpaid water or sewer charges. Applies to: Residential leases with a fixed rent due date |
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| Eviction administrative fees | Only under a written lease may the landlord charge one of these per complaint: a complaint-filing fee (greater of $15 or 5% of monthly rent, only if the tenant cures and the case is dismissed before judgment), a court-appearance fee (10% of monthly rent, only if the landlord wins in small claims court), or a second-trial fee (up to 12% of monthly rent after an appeal the landlord wins). Reasonable attorney's fees may be recovered only under a written lease, capped at 15% of the amount owed (or of monthly rent for non-rent defaults). For subsidized rent, fees are calculated only on the tenant's share. Applies to: Written residential leases Source: N.C. Gen. Stat. § 42-46(e)-(i) |
| Renter's insurance | A lease may not require the tenant to use a particular insurance carrier or agent. If the lease requires coverage and the tenant does not show proof within 3 business days of the landlord's request, the landlord may charge the actual cost of obtaining coverage plus an administrative fee of up to $50 a year. Applies to: Leases that require renter's insurance Source: N.C. Gen. Stat. § 42-46(l) |
| Smoke and carbon monoxide alarm batteries | The landlord must provide working smoke alarms (and carbon monoxide alarms where there is fossil-fuel heating, a fossil-fuel appliance or fireplace, or an attached garage) at the start of each tenancy. Unless the lease says otherwise, the landlord supplies batteries at the start of the tenancy and the tenant replaces them as needed. Applies to: All residential leases |
| Deposit limits and uses | A security deposit may not exceed 2 weeks' rent for a week-to-week tenancy, 1.5 months' rent for month-to-month, or 2 months' rent for longer terms, and may be used only for the purposes listed in the statute (unpaid rent and utilities, damage, losses from early termination, re-renting costs, storage after eviction, court costs and fees allowed by § 42-46). A reasonable nonrefundable pet fee may be charged separately. Applies to: Residential leases with a security deposit Source: N.C. Gen. Stat. §§ 42-51, 42-53 |
Clauses that are void in North Carolina
| Waiver of repair and habitability duties | A tenant's acceptance of noncompliant premises, before, when or after the lease is made, does not release the landlord from its duties to keep the premises fit and habitable. The parties may agree in a later, separate written contract, supported by consideration other than the rental itself, for the tenant to perform specific work, but not to evade the landlord's obligations. Applies to: All residential leases Source: N.C. Gen. Stat. § 42-42(b) |
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| Fee terms that conflict with the statute | Any lease provision that conflicts with the late-fee, administrative-fee and litigation-cost rules is against public policy, void and unenforceable. Landlords may not charge other administrative filing fees, deduct earned fees from later rent, or treat an unpaid fee as a lease default in a later eviction. Applies to: All residential leases Source: N.C. Gen. Stat. § 42-46(h) |
| Waiver of domestic violence lease-termination rights | A protected tenant's right to end the lease early on 30 days' written notice with the required documentation may not be waived or modified by agreement. Applies to: All residential leases Source: N.C. Gen. Stat. § 42-45.1(d) |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by North Carolina law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice North Carolina law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with North Carolina law (N.C. Gen. Stat. § 42-46(a)-(b)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the North Carolina limit (N.C. Gen. Stat. § 42-51(b)). Landlord will return it, minus lawful deductions with any required itemized list, within the time North Carolina law sets (N.C. Gen. Stat. § 42-52).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice North Carolina law requires (N.C. Gen. Stat. Chapter 42 (checked; no entry section)), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than North Carolina law requires.
14. Late fee terms. (Write this clause to meet North Carolina law: see "Late fee terms" above (N.C. Gen. Stat. § 42-46(a)-(b), (d)).)
15. Eviction administrative fees. (Write this clause to meet North Carolina law: see "Eviction administrative fees" above (N.C. Gen. Stat. § 42-46(e)-(i)).)
16. Renter's insurance. (Write this clause to meet North Carolina law: see "Renter's insurance" above (N.C. Gen. Stat. § 42-46(l)).)
17. Smoke and carbon monoxide alarm batteries. (Write this clause to meet North Carolina law: see "Smoke and carbon monoxide alarm batteries" above (N.C. Gen. Stat. § 42-42(a)(5), (a)(7)).)
18. Deposit limits and uses. (Write this clause to meet North Carolina law: see "Deposit limits and uses" above (N.C. Gen. Stat. §§ 42-51, 42-53).)
19. Disclosures attached. Landlord has given Tenant these disclosures required by North Carolina law: Where the security deposit is held. [Attach each one.]
20. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
21. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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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.