Landlord Responsibilities:

1. Providing a Habitable Rental Unit:
   Landlords must maintain rental properties in a condition that meets state and local housing codes. This includes functional plumbing, heating, electrical systems, and structurally safe living conditions.

2. Adhering to Lease Agreements:
   The terms of the lease must be legally compliant and clearly define rent payments, maintenance expectations, and rules regarding tenancy.

3. Handling Security Deposits Properly:
   North Carolina law outlines strict guidelines on how much landlords can collect and how these deposits must be handled and returned.

Tenant Responsibilities:

1. Paying Rent on Time:
   Tenants must pay rent according to the lease agreement to avoid penalties or eviction.

2. Keeping the Property in Good Condition:
   Tenants are responsible for maintaining cleanliness and avoiding damage beyond normal wear and tear.

3. Complying with Lease Terms:
   Tenants must follow lease rules regarding property use, noise levels, and restrictions on subletting.

Compliance with Fair Housing Laws in North Carolina

North Carolina landlords must comply with federal and state fair housing laws to prevent discrimination in rental transactions.

Key Provisions of the North Carolina Fair Housing Act:

• Landlords cannot refuse to rent based on race, color, religion, sex, national origin, disability, or familial status.

• Rental advertisements must not suggest a preference or exclusion of protected groups.

• Landlords must provide reasonable accommodations for tenants with disabilities, such as allowing service animals despite a no-pet policy.

Consequences of Non-Compliance:

Failure to comply with fair housing laws can lead to complaints filed with the North Carolina Human Relations Commission or the U.S. Department of Housing and Urban Development (HUD). Violators may face fines and legal action.

Security Deposits in North Carolina

North Carolina regulates how much security deposit a landlord can collect and how it must be handled.

Maximum Security Deposit Limits:

• Week-to-week lease: Up to two weeks’ rent

• Month-to-month lease: Up to one and a half months’ rent

• Long-term lease (more than one month): Up to two months’ rent

Security Deposit Regulations:

• The deposit must be held in a trust account at a North Carolina financial institution.

• Landlords must provide tenants with the bank name and address where the deposit is held.

• Deductions can only be made for unpaid rent, damages beyond normal wear and tear, or legal fees related to tenant breaches.

Returning the Deposit:

• Landlords have 30 days to return the deposit after the lease ends.

• If deductions are made, an itemized list of expenses must be provided.

Maintenance Responsibilities of Landlords

Landlords must ensure rental properties remain in safe and livable conditions throughout the tenancy.

Landlord Maintenance Obligations:

• Ensure structural integrity: Roofs, walls, and floors must be free from major defects.

• Provide essential utilities: Access to water, electricity, heating, and plumbing must be uninterrupted.

• Comply with health and safety codes: The property must be free from hazards such as mold, lead paint, or pest infestations.

Tenant’s Role in Maintenance:

• Report needed repairs promptly.

• Keep the unit clean and dispose of trash properly.

• Prevent damage beyond normal wear and tear.

Failure to maintain a habitable rental can result in legal action from tenants, including withholding rent or breaking the lease without penalties.

Eviction Procedures for North Carolina Landlords

Eviction in North Carolina follows a legal process to remove tenants who violate lease agreements.

Grounds for Eviction:

1. Non-payment of Rent: If a tenant fails to pay rent, the landlord can issue a 10-day “pay or quit” notice.

2. Lease Violations: Breaches such as property damage, unauthorized subletting, or illegal activities can lead to eviction.

3. Holdover Tenants: If a tenant remains after the lease expires without renewal, landlords can seek eviction.

Eviction Process:

1. Serve Notice to the Tenant:

   • Non-payment of rent: 10-day notice to pay or vacate.

   • Other violations: No specific notice period is required by law, but a reasonable notice period is recommended.

2. File for Summary Ejectment:
   If the tenant does not comply, the landlord can file for summary ejectment in small claims court.

3. Attend the Court Hearing:
   The court will decide whether the eviction is justified. If approved, the tenant will be given a deadline to vacate.

4. Removal of the Tenant:
   If the tenant refuses to leave, the sheriff can execute a Writ of Possession to enforce eviction.

Note: Self-help evictions (e.g., changing locks or shutting off utilities) are illegal in North Carolina.

Conclusion

Understanding North Carolina landlord-tenant law is essential for maintaining legal and professional rental relationships. Landlords must ensure compliance with fair housing regulations, properly handle security deposits, maintain safe living conditions, and follow the legal eviction process when necessary. Tenants must also fulfill their obligations by paying rent on time and maintaining the property responsibly.
 

By following these regulations, both landlords and tenants can avoid legal disputes and enjoy a smooth rental experience.