Unlike a rental application, a North Carolina lease agreement is a legal contract between a landlord and a tenant renting a property in the state of North Carolina. It establishes both parties’ rights and responsibilities, providing a framework for a smooth landlord-tenant relationship.
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The most commonly used North Carolina lease agreement is a fixed-term, standard residential lease agreement. This type of rental agreement specifies a predetermined start and end date for the tenancy, providing both the landlord and tenant with a clear understanding of the lease term.
How to write a North Carolina lease agreement
Writing a North Carolina lease agreement is a straightforward process.
- Start by including the basics such as the names and contact information of the landlord and tenant, the property address, and the lease term.
- Clearly outline the rental payment details, including the amount, due date, late fees, and acceptable rent payment methods.
- Specify any rules regarding pets, subletting, common areas, or property managers.
- Ensure both the landlord and the tenant sign the agreement.
The security deposit amount, how it will be held, and the conditions for its return must be detailed.
If the property was built pre-1978, federal law requires landlords to provide a lead-based paint disclosure.
North Carolina law requires landlords to disclose any known mold issues in the property.
North Carolina landlord-tenant laws state the maximum deposit landlords can request is:
- Weekly tenancies: Two weeks’ rent.
- Monthly tenancies: Half a month’s rent.
- Leases longer than a month: Two months’ rent.
The deposit must be returned within 30 days of the tenant moving out, with any deductions.
Frequently asked questions
While a written lease agreement is not required by law, it’s highly recommended, even for month-to-month tenancies.
Generally, a landlord can’t increase the rent during the lease term unless it’s specified in the rental contract. Once the lease term ends, the landlord may propose a rent increase for the next term.
If a tenant breaks the lease agreement, it’s a landlord’s right to pursue legal action to recover any unpaid rent or damages to the rental unit beyond wear and tear.
No, landlords must follow the legal eviction process. This involves obtaining a court order to regain possession of the rental property. Self-help evictions, such as changing locks or removing belongings, are illegal in North Carolina.
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