Landlord laws

North Carolina landlord-tenant law

North Carolina General Statutes Chapter 42 (Landlord and Tenant) and Chapter 41A (official text, ncleg.gov)

Last verified Oct 2026

General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
North Carolina landlord-tenant rules
TopicRule (plain English)StatuteStatus
Security deposit capUp to 2 weeks' rent for a week-to-week tenancy, 1.5 months' rent for month-to-month, and 2 months' rent for longer terms. A reasonable nonrefundable pet fee is allowed separately.N.C. Gen. Stat. §§ 42-51(b), 42-53Verified
Deposit return deadlineWithin 30 days after the tenancy ends and you get possession back, mail or deliver the balance with a written, itemized list of damages. If your claim can't be figured out in 30 days, send an interim accounting by day 30 and a final one by day 60. You can't deduct for normal wear and tear. A willful violation voids your right to keep any of the deposit.N.C. Gen. Stat. §§ 42-52, 42-55Verified
Deposit holding and interestKeep deposits in a trust account at a licensed, federally insured institution, or post a bond from an NC-licensed insurer. Within 30 days after the lease starts, tell the tenant where the deposit is held. No statute requires paying interest. We checked all of Chapter 42.N.C. Gen. Stat. § 42-50Verified
Late fee cap and grace periodA late fee applies only when rent is 5 or more calendar days late. Monthly rent: the greater of $15 or 5% of rent. Weekly rent: the greater of $4 or 5%. Only one late fee per late payment, and the fee must be in the agreement.N.C. Gen. Stat. § 42-46(a)–(b)Verified
Landlord entry noticeNot specified in state statute. No statute sets a notice period for landlord entry. We checked all of Chapter 42. Set entry terms in the lease. (Any rule beyond the lease comes from case law or contract law, not a statute.)
Note: Entry rights rest on the lease and general contract law, not statute.
N.C. Gen. Stat. ch. 42Not in statute
Rent increase noticeNot specified in state statute. No statute sets a rent-increase notice period. We checked all of Chapter 42. A month-to-month tenancy ends on 7 days' notice (week-to-week: 2 days; year-to-year: 1 month), so give at least that before changing rent. You can't raise rent mid-lease unless the lease allows it.N.C. Gen. Stat. § 42-14Not in statute
Rent control statusRent control is preempted statewide. Counties and cities may not regulate rent on privately owned residential property. The law has exceptions for public, subsidized and city-funded housing.N.C. Gen. Stat. § 42-14.1Verified
Eviction notice: nonpaymentMake a demand for all past-due rent. If it's not paid within 10 days, the lease is forfeited and you can file for summary ejectment.
Note: Whether a lease can waive the 10-day demand is a question of case law, not the statute.
N.C. Gen. Stat. §§ 42-3, 42-26(a)(3)Verified
Eviction notice: lease violationNot specified in state statute. No statute sets a cure or notice period for lease violations. We checked all of Chapter 42. You can evict for a breach only if the lease says the tenancy ends on that breach, and you must demand possession first. Criminal activity has an expedited process (Art. 7).
Note: Requirement of a lease forfeiture clause is reinforced by case law.
N.C. Gen. Stat. § 42-26(a)(2); §§ 42-59 et seq.Not in statute
Required disclosuresWithin 30 days after the lease starts, tell the tenant the name and address of the bank holding the deposit, or the bonding company (§ 42-50). For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113). No other statewide disclosure appears in Chapter 42.N.C. Gen. Stat. § 42-50; 40 CFR 745.113Verified
Fair housing beyond federal lawNo added classes statewide. The NC Fair Housing Act covers race, color, religion, sex, national origin, handicapping condition and familial status, the same classes as federal law. Cities can't ban refusing federal housing vouchers (§ 42-14.1(b)).N.C. Gen. Stat. § 41A-4; § 42-14.1(b)Verified

Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.

Tools for North Carolina landlords

General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.