North Carolina Lease Agreement Template

north carolina residential lease agreement
North Carolina Residential Lease Agreement
TurboTenant's North Carolina lease agreement, crafted by local attorneys and property owners, ensures legal compliance and full protection for landlords.

Key Takeaways

  • Lease Customization: TurboTenant’s platform allows for detailed customization of the lease, including tenant information, rental prices, and utility specifics.
  • Clarity and Summary: The lease agreement is structured for clear understanding, with a summary table and detailed sections on policies such as smoking and key management.
  • Flexibility for Rules: Landlords can add property-specific rules and legally required local clauses to cater to the unique aspects of their rental property.
  • Tenant Responsibility: Tenants are financially responsible for rekeying if they do not return all keys at the end of their lease.
  • State Compliance: The lease includes North Carolina-specific legal clauses and warns that changes could affect legal compliance, advising consultation with an attorney.
  • County Ordinances: North Carolina lease agreements must also consider county-specific regulations, which can introduce additional provisions affecting lease terms.
  • Legal Advice: Landlords and property managers are advised to stay informed about state and local regulations and to seek legal counsel to ensure leases meet all legal requirements.
  • Standard Lease Clauses: The lease contains common clauses requiring tenant compliance with laws, restrictions on subletting and property alterations, and adherence to North Carolina law for legal disputes.

Custom Lease

Section 1 serves as the customizable core of the lease, capturing all the unique details of your rental arrangement. Within this section, landlords insert information such as tenant names, rental amounts, and specifics regarding utilities. This customization occurs during the lease creation process via TurboTenant’s platform. Aimed at clarity and straightforwardness, the agreement features a summary table at the forefront, with further details like smoking policies, key management, and utilities outlined in the subsequent text.

Key aspects of Section 1 in our Generated Lease Agreement include:

  • Additional Provisions: This area allows for the inclusion of specific property rules or necessary local clauses, offering landlords the flexibility to address unique aspects of their rental agreement.
  • Lost Key Policy: Tenants bear the full cost of rekeying if they fail to return all keys after their tenancy ends.

State-Specific Clauses

Section 2 is where the lease adheres to North Carolina-specific laws, but our Advanced Editor allows changes to be made with full disclosure that any edits may take you out of full compliance with state and/or local law and consultation with an attorney is advised.. Notable clauses within this section are:

  • Late Fees (Section 2.1): Rent is expected on the 1st of the month, with a late fee applicable post 5:00 pm on the 5th day, calculated as the greater of 5% of the unpaid rent or $15.
  • Security Deposit Provisions (Section 2.4): North Carolina law stipulates that security deposits may not exceed one and a half month’s rent for month-to-month tenancies and two months’ rent for longer terms. Landlords must disclose the banking details where the deposit is held and return the deposit within 30 days of tenancy termination.
  • Damage Responsibility (Section 2.15): The agreement specifies that tenants are responsible for all accidental damages, providing additional protection for landlords.

County-Specific Provisions

Lease agreements in North Carolina are primarily guided by state law, but local county ordinances can introduce additional provisions that landlords need to incorporate. Here’s a breakdown of how these local regulations might affect lease terms in various North Carolina counties:

Mecklenburg County

  • Charlotte’s ordinances may dictate rental property conditions and tenant rights.

Wake County

  • Raleigh’s local housing codes could necessitate additional lease requirements.

Guilford County

  • Greensboro might have regulations impacting housing inspections and security deposits.

Forsyth County

  • Winston-Salem’s housing codes and tenant laws could influence lease content.

Durham County

  • Durham’s property maintenance and occupancy rules may require specific lease clauses.

Buncombe County

  • Asheville’s ordinances on short-term rentals and safety standards could affect leases.

Cumberland County

  • Fayetteville’s local laws may introduce unique requirements for rental agreements.

New Hanover County

  • Wilmington’s housing codes and tenant protections could dictate additional lease terms.

Gaston County

  • Gastonia’s city ordinances might add stipulations to leases alongside state law.

Union County

  • Local regulations could impact lease terms, emphasizing property standards and tenant rights.

It’s crucial for landlords and property managers, especially those working with TurboTenant, to remain informed about both state and local regulations. To ensure lease agreements meet all legal requirements, seeking advice from a legal professional familiar with North Carolina’s landlord-tenant laws and county-specific ordinances is highly recommended.

General Clauses

The final section incorporates clauses that represent standard practices for lease agreements across the United States:

  • Subletting (Section 3.1): Tenants require written permission from the landlord to sublease the property.
  • Property Alterations (Section 3.2): Tenants must obtain written consent for any property alterations and ensure the property is returned to its original condition at the end of the lease, barring any agreed-upon changes.
  • Choice of Law (Section 3.11): The rental agreement is governed and interpreted in accordance with North Carolina law, and both parties consent to the jurisdiction of the county courts where the property is located.
  • Law Abidance (Section 3.14): Tenants must comply with all laws and ordinances and avoid disruptive behavior, with any violations potentially leading to lease termination.
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Can I include additional terms specific to my property in the lease agreement?

Yes, you can include additional terms through the Additional Provisions section of Section 1 or through our Advanced Editor feature. These can encompass property-specific rules or clauses that are necessary due to local regulations. It is recommended to have these provisions reviewed by a legal professional to ensure they are compliant with the law.

What should I do if a tenant does not return their keys?

Tenants who fail to return their keys are responsible for the cost associated with rekeying the property. This cost is outlined in the lease agreement and can be deducted from the security deposit if necessary.

How much can I charge for a late fee in North Carolina?

A late fee in North Carolina can be the greater of 5% of the unpaid rent amount or $15, as long as it is charged after 5:00 pm on the 5th day of the month. If the 5th falls on a Sunday or legal holiday, the payment deadline and late fee assessment extend to the next business day.

Are there any restrictions on the amount I can charge for a security deposit in North Carolina?

Yes, for month-to-month tenancies, the security deposit cannot exceed one and a half month’s rent. For longer tenancy terms, the maximum security deposit can be up to two months’ rent. The lease agreement should clearly state the security deposit amount and the terms for its return.

How quickly must I return the security deposit after a tenant moves out?

North Carolina state law requires that landlords return the security deposit within 30 days of regaining possession of the property. This must include a detailed statement if there are any deductions for damages or unpaid rent. If the tenant’s address is unknown, the landlord must hold the balance of the deposit for at least six months for collection by the tenant.

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