North Carolina Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in North Carolina, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in North Carolina. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | North Carolina |
|---|---|
| Where these laws apply | North Carolina's residential rental agreements law applies to rental agreements for dwelling units within the state. It does not apply to vacation rentals under Chapter 42A, to housing provided without charge or rent, or to transient occupancies as defined in G.S. 72-1(c). The security-deposit rules apply to anyone in the business of renting or managing residential units on a weekly, monthly or annual basis, except single rooms. N.C. Gen. Stat. §§ 42-38, 42-39(a1), (b), 42-14.6, 42-56 |
| Security deposit limit | Two weeks' rent for a week-to-week tenancy, one and one-half months' rent for month-to-month, and two months' rent for terms longer than month-to-month. A landlord may also charge a reasonable, nonrefundable pet fee. N.C. Gen. Stat. §§ 42-51(b), 42-53 |
| Where deposits are held | Deposits must be kept in a trust account at a licensed and federally insured depository institution or a trust institution authorized to do business in North Carolina, or the landlord may instead furnish a bond from an insurance company licensed in North Carolina. A trust account outside North Carolina is allowed only if the landlord gives the tenant an adequate bond for the deposits. Within 30 days after the lease term begins, the tenant must be told the name and address of the bank or institution holding the deposit, or the name of the bonding company. N.C. Gen. Stat. § 42-50 |
| Returning the deposit | Within 30 days after the tenancy ends and the landlord gets possession back, the landlord must mail or deliver the deposit balance with a written itemization of any damage. If the landlord's claim cannot be determined within 30 days, an interim accounting is due within 30 days and a final accounting within 60 days. If the tenant's address is unknown, the landlord must hold the balance for the tenant to collect for at least six months. N.C. Gen. Stat. § 42-52 |
| Deposit deductions | A deposit may be used only for: unpaid rent and certain water, sewer and electric charges; damage to the premises, including smoke and carbon monoxide alarms; damages for not completing the rental period (with statutory exceptions); unpaid bills that become a lien on the property due to the tenant's occupancy; re-renting costs after the tenant's breach; removal and storage of the tenant's property after a summary ejectment; court costs; and fees allowed by G.S. 42-46. The landlord may not deduct for normal wear and tear or keep more than the actual damages. N.C. Gen. Stat. §§ 42-51(a), 42-52 |
| Interest on deposits | Not required by North Carolina General Statutes Chapter 42. N.C. Gen. Stat. Ch. 42, Art. 6 (no provision) |
| Landlord entry notice | No notice period in North Carolina General Statutes Chapter 42. N.C. Gen. Stat. Ch. 42 (no provision) |
| Notice to end a month-to-month lease | A tenancy from month to month may be ended by a notice to quit of seven days (week to week: two days; year to year: one month or more before the end of the current year of the tenancy). For the rental of a manufactured-home space only, notice to quit must be given at least 60 days before the end of the current rental period. N.C. Gen. Stat. § 42-14 |
| Rent-increase notice | No notice period in North Carolina General Statutes Chapter 42. N.C. Gen. Stat. Ch. 42 (no provision) |
| Late fees | The parties may agree to a late fee, chargeable only when rent is 5 or more calendar days late (the first day is the day after the rent was due). For monthly rent the fee may not exceed $15 or 5% of the monthly rent, whichever is greater ($4 or 5% for weekly rent). It may be charged only once for each late payment. N.C. Gen. Stat. § 42-46(a), (b) |
| Notice for unpaid rent | Where rent is due at a fixed time, the law implies a forfeiture of the lease if the tenant does not pay all past-due rent within 10 days after the landlord demands it. Removal of a tenant who holds over also requires a demand that the tenant surrender the premises. In an action for possession based on nonpayment, if the tenant pays or tenders the rent due and the costs of the action before judgment, the case stops. N.C. Gen. Stat. §§ 42-3, 42-26(a), 42-33 |
| Rent control | Not allowed. Counties and cities may not regulate the amount of rent for privately owned residential or commercial rental property. Exceptions: property the local government or its authority owns, agreements on subsidized rental properties, properties assisted with Community Development Block Grant funds, and owners or operators that receive funding or financial incentives from the county or city. N.C. Gen. Stat. § 42-14.1(a), (c) |
| Required landlord disclosures | Within 30 days after the lease term begins: the name and address of the bank or institution holding the deposit, or the name of the bonding company. A landlord who charges for water or sewer service and actually knows that the water supplied exceeds a maximum contaminant level must give notice of that. N.C. Gen. Stat. §§ 42-50, 42-42(a)(6) Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, religion, sex, national origin, handicapping condition and familial status, in rentals and leases as well as sales. North Carolina's list matches the federal list; it adds no class. N.C. Gen. Stat. § 41A-4(a); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in North Carolina listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in North Carolina?
Two weeks' rent for a week-to-week tenancy, one and one-half months' rent for month-to-month, and two months' rent for terms longer than month-to-month. A landlord may also charge a reasonable, nonrefundable pet fee. See the source in the table above.
How long does a North Carolina landlord have to return a security deposit?
Within 30 days after the tenancy ends and the landlord gets possession back, the landlord must mail or deliver the deposit balance with a written itemization of any damage. If the landlord's claim cannot be determined within 30 days, an interim accounting is due within 30 days and a final accounting within 60 days. If the tenant's address is unknown, the landlord must hold the balance for the tenant to collect for at least six months. See the source in the table above.
How much notice must a North Carolina landlord give before entering?
No notice period in North Carolina General Statutes Chapter 42. See the source in the table above.
How much notice ends a month-to-month lease in North Carolina?
A tenancy from month to month may be ended by a notice to quit of seven days (week to week: two days; year to year: one month or more before the end of the current year of the tenancy). For the rental of a manufactured-home space only, notice to quit must be given at least 60 days before the end of the current rental period. See the source in the table above.
How much notice is required for a rent increase in North Carolina?
No notice period in North Carolina General Statutes Chapter 42. See the source in the table above.
How much can a North Carolina landlord charge for late rent?
The parties may agree to a late fee, chargeable only when rent is 5 or more calendar days late (the first day is the day after the rent was due). For monthly rent the fee may not exceed $15 or 5% of the monthly rent, whichever is greater ($4 or 5% for weekly rent). It may be charged only once for each late payment. See the source in the table above.
How much notice must a North Carolina landlord give when rent is unpaid?
Where rent is due at a fixed time, the law implies a forfeiture of the lease if the tenant does not pay all past-due rent within 10 days after the landlord demands it. Removal of a tenant who holds over also requires a demand that the tenant surrender the premises. In an action for possession based on nonpayment, if the tenant pays or tenders the rent due and the costs of the action before judgment, the case stops. See the source in the table above.
Does North Carolina have rent control?
Not allowed. Counties and cities may not regulate the amount of rent for privately owned residential or commercial rental property. Exceptions: property the local government or its authority owns, agreements on subsidized rental properties, properties assisted with Community Development Block Grant funds, and owners or operators that receive funding or financial incentives from the county or city. See the source in the table above.
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