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North Carolina Lease Agreement
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North Carolina at a glance: Security Deposit Limit: 2 weeks (week-to-week); 1.5 months (month-to-month); 2 months (longer) · Deposit Return Deadline: 30 days after move-out · Notice to Terminate Month-to-Month: 7 days
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Overview
Lease Agreements in North Carolina
North Carolina landlord-tenant law is governed by N.C. Gen. Stat. § 42-38 to 42-73. Security deposit limits in North Carolina depend on the lease type: 2 weeks' rent for week-to-week, 1.5 months' rent for month-to-month, and 2 months' rent for longer leases.
Deposits must be returned within 30 days. North Carolina has no rent control — state law preempts local ordinances. The eviction process begins with a 10-day notice for non-payment.
Key Facts
North Carolina Lease Agreement — Quick Reference
| Requirement | North Carolina Rule |
|---|---|
| Security Deposit Limit | 2 weeks (week-to-week); 1.5 months (month-to-month); 2 months (longer) |
| Deposit Return Deadline | 30 days after move-out |
| Notice to Terminate Month-to-Month | 7 days |
| Eviction Notice (Non-Payment) | 10-Day Notice |
| Rent Control | Prohibited by state law |
| Governing Law | N.C. Gen. Stat. § 42-38 |
Legal Requirements
North Carolina Legal Requirements
- Security deposit amounts vary by lease type; must not exceed applicable limits.
- Deposits must be held in a trust account at a licensed bank or savings institution.
- Deposits must be returned within 30 days with itemized deductions.
- Lead paint disclosure required for pre-1978 properties.
- Landlords must maintain the property in a fit and habitable condition.
Governing Laws
North Carolina Governing Laws
N.C. Gen. Stat. § 42-50 to 42-56
Security Deposits
Sets deposit limits by tenancy type, requires deposits held in trust, and mandates return within 30 days with itemized deductions.
N.C. Gen. Stat. § 42-3
Eviction for Non-Payment
Allows landlord to terminate tenancy for non-payment after 10-day notice and file summary ejectment action.
Read the full text of these laws at Cornell Law School's North Carolina legal resources or your state legislature's official website.
Questions & Answers
North Carolina Lease Agreement — Frequently Asked Questions
What is the security deposit limit in North Carolina?
North Carolina limits deposits based on lease type: 2 weeks' rent for week-to-week leases, 1.5 months' rent for month-to-month leases, and 2 months' rent for longer fixed-term leases.
Does North Carolina have rent control?
No. North Carolina explicitly prohibits local governments from enacting rent control ordinances.
What is the eviction process in North Carolina?
For non-payment, the landlord provides a 10-day notice (called "notice to quit"). If unpaid, the landlord files a summary ejectment action in Small Claims Court. A hearing is typically scheduled within 7 days.