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North Carolina Lease Agreement

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.

TurboTenant’s North Carolina lease agreement is a meticulously prepared document, tailored by legal experts and veteran landlords from the Tar Heel State. This lease agreement is designed to align with state laws, ensuring landlords navigate the rental process with confidence and legal fortitude. Let’s break down the sections of this vital document for property leasing.

Section 1 – Customizable Details

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 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.

Section 2 – North Carolina 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.

Section 3 – General U.S. Landlord 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.

The TurboTenant North Carolina lease agreement is a comprehensive tool for landlords, ensuring adherence to state laws while offering the flexibility to tailor the lease to specific rental properties. With its clear structure and detailed provisions, landlords can confidently secure their rental arrangements, knowing they have a reliable guide through the complexities of property leasing in North Carolina.

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