Archive for the ‘ Government Laws and Acts ’ Category

Landlords Collect Applications and Screen Tenants

The best way to deal with bad tenants is to make sure they never move in! Try to accept the most-qualified applicant who is also the best fit for your property, but be careful not to discriminate.

  • Collect information via professional rental applications
  • Ensure total income of all tenants is 2-3x monthly rent
  • Ask their two former landlords, “Would you rent to them again?”
  • Run a tenant credit check to determine total debt and late payment history

    For more tenant screening advice and help see Accurate Credit Bureau

    IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN

Accurate Credit Bureau Landlord Advice Tenant Security Deposit

Deadline for Returning Security Deposits by State

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.

Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations New Mexico

Security Deposit:

Security Deposit Maximum: Statute allows landlords to demand “reasonable” deposits. For rental agreements of less than one year, landlord is not allowed to demand deposits that exceed one month’s rent.
Security Deposit Interest: For annual rental agreements that require a deposit of more than one month’s rent, landlords must pay annually to the tenant interest on the deposit equal to the passbook interest permitted to savings and loan associations by the federal home loan bank board.
Separate Security Deposit Bank Account: No statute
Pet Deposits: No statute
Non-Refundable Fees: No statute
Deadline for Returning Security Deposit: 30 days from termination of tenancy or move-out, whichever is later
Permitted Uses of the Deposit: A security deposit may only be used for:
Payment of rent and utility costs owed; and
Damages landlord has suffered due to tenant’s noncompliance with either the rental agreement or statutory Tenant Obligations.
Require Written Description/Itemized List of Damages and Charges: Yes
Record Keeping of Deposit Withholdings: No statute
Receipt of Deposit: No statute
Failure to Comply: If landlord fails to provide a written statement of deposit deductions and the remaining balance within 30 days of the end of a tenancy, landlord forfeits the right to withhold any portion of the deposit, forfeits the right to assert any counterclaim in any action brought to recover that deposit, becomes liable for court costs and reasonable attorney fees, and forfeits the right to sue for damages to the rental property.
Lease, Rent & Fees:

Rent Is Due: As stated in the rental lease.
Rent Increase Notice: 30-day written notice for month-to-month rental agreements, or the length of one rental period for agreements that are less than month-to-month. For fixed-term agreements, written notice of a rent increase must be given at least 30 days prior to the ending of the term.
Rent Grace Period: No statute
Late Fees: As stated in the lease, but the late fee for any given term must not exceed 10 percent of the total rent for that term, and landlord must give notice of the late fee charged no later than the last day of the following month after the default occurred.
Prepaid Rent: Prepaid rent may be required by a rental agreement.
Returned Check Fees: $25 (New Mexico Regulation & Licensing Department)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, for violations of statutory Landlord Obligations, other than a failure or defect in an amenity, tenant may after seven days’ notice be entitled to rent abatement of one-third the daily, pro-rated rent for unremedied conditions that require repair, and 100 percent of the daily, pro-rated rent if the unit is actually uninhabitable. See statutes for additional provisions.
Tenant Allowed to Repair and Deduct Rent: No statute
Landlord Allowed to Recover Court and Attorney Fees: Yes, the prevailing party in a lawsuit to enforce the terms and conditions of the rental agreement or any provisions of the Uniform Owner-Resident Relations Act is entitled to reasonable attorney fees and court costs.
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: The aggrieved party has a duty to mitigate damages.
Abandonment/Early Termination Fee: No statute
Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply expires.
Notice to Terminate Tenancy – Month-to-Month Lease: 30-day written notice prior to the periodic rental date specified in the notice
Notice to Terminate Tenancy – Week-to-Week Lease: Seven-day written notice with the termination date specified in the notice
Termination of Tenancy with 24 Hours Notice: No statute
Notice of Date/Time of Move-Out Inspection: No statute
Notice of Termination for Nonpayment: Three-day written notice after rent is unpaid when due. Tenant may avoid termination by paying the full amount due prior to the expiration of the three-day notice.
Termination for Lease Violation: Seven-day written notice to remedy or quit. If there is a second instance of noncompliance within six months of the first violation, landlord may deliver a seven-day unconditional quit notice. See statute for additional requirements.
Required Notice before Entry: 24-hour notice required, except when landlord enters to perform repairs or services within seven days of tenant request, or when the owner is accompanied by a public official conducting an inspection or a cable television, electric, gas or telephone company representative.
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
Entry Allowed with Notice for Showings: Yes
Emergency Entry Allowed without Notice: Yes
Entry Allowed During Tenant’s Extended Absence: Yes, during any absence longer than seven days, landlord may enter the unit at times reasonably necessary.
Notice to Landlord of Extended Tenant Absence: Rental agreements may require the resident to notify landlord of any anticipated extended absence longer than seven days, no later than the first day of the extended absence.
Notice to Tenants for Pesticide Use: No statute
Lockouts Allowed: No
Utility Shut-offs Allowed:
Disclosures and Miscellaneous Notes:

Name and Addresses: At the start of a tenancy, landlord or manager must disclose the name, address and telephone number of the person authorized to manage the premises as well as that of an owner of the premises or someone authorized to act on behalf of the owner for receiving legal notices and demands.
Copy of the Lease: Written rental agreement required to be given to each resident prior to move-in.
Domestic Violence Situations:
Protection from Termination: If a landlord attempts to evict a tenant for a violation and the tenant is a victim of domestic violence, the tenant may use that as a defense to stop the eviction. Evictions are not allowed if the incident that caused the landlord to attempt eviction was related to domestic violence and the tenant has filed for a temporary restraining order as a result of the incident or a previous incident. In all other cases where domestic violence is raised as a defense, the court may evict the tenant accused of the violation, while allowing the other tenants to remain in the unit.
Landlord’s Duties:
Compliance: Comply with the requirements of applicable minimum housing codes affecting health and safety;
Repairs: Make repairs and do whatever is necessary to put and keep the premises in a safe condition;
Common Areas: Keep all common areas of the premises in a safe condition;
Maintenance: Maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, if any, supplied or required to be supplied; and
Heat: Supply running water and a reasonable amount of hot water at all times and reasonable heat, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the resident and supplied by a direct public utility connection.
Tenant’s Duties:
Compliance: Comply with obligations imposed upon residents by applicable minimum standards of housing codes materially affecting health or safety;
Cleanliness: Keep that part of the premises that tenant occupies and uses as clean and safe as the condition of the premises permit, and, upon termination of the residency, place the unit in as clean condition, excepting ordinary wear and tear, as when residency commenced;
Trash: Dispose of all ashes, rubbish, garbage and other waste in a clean and safe manner;
Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the resident as clean as their condition permits;
Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
Damage: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
Quiet Enjoyment: Conduct oneself and require other persons on the premises with tenant’s consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises
Rule Observance: Abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement or neighborhood association not inconsistent with owner’s rights or duties.
Retaliation: Landlord must not increase rent, decrease services, or threaten or attempt to evict a tenant who has filed an official complaint to a government agency, or has been involved in a tenant’s organization.
Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Alabama

Security Deposit:

Security Deposit Maximum: Equal to 1 month’s rent
Security Deposit Interest: unknown
Separate Security Deposit Bank Account: No statute
Pet Deposits and Additional Fees: Additional deposits are allowed for pets, undoing alterations (such as handrails and ramps for the handicapped), and any specific tenant activities that increase liability risks
Deadline for Returning Security Deposit: 35 days
Lease, Rent & Fees:

Rent Increase Notice: unknown
Late Fees: unknown
Returned Check Fees: $30 plus other costs of collection
Notices and Entry:

Move-Out Inspection Notification: No statute
Eviction Notice for Nonpayment: 7 days to pay or quit
Eviction Notice for Lease Violation: 10 days to remedy or quit
Required Notice before Entry: 2 days
Entry Allowed with Notice for Maintenance and Repairs: Yes
Entry Allowed During Tenant’s Extended Absence: In excess of 14 day absence, unannounced reasonable entry is allowed
Entry Allowed with Notice for Showing the Property: Yes
Emergency Entry Allowed without Notice: Yes, within reason
Alabama rental applications,and rental leases

Accurate Credit Bureau Landlord Tenant Rental Law Georgia

Security Deposit:

  • Security Deposit Maximum: No Statute
  • Deadline for Returning Security Deposit: 30 days
  • Allowable Deductions: Landlord is allowed to deduct from the security deposit:
    • for nonpayment of rent or of fees for late payment
    • for abandonment of the premises
    • for nonpayment of utility charges
    • for repair work or cleaning contracted for by the tenant with third parties
    • for unpaid pet fees
    • or for actual damages caused by the tenant’s breach, provided the landlord attempts to mitigate the actual damages.
  • Security Deposit Interest: The landlord does not have to place the deposit in an interest-bearing account nor does the landlord have to pay interest to the tenant.
  • Separate Security Deposit Bank Account: Landlord is required to place the security deposit in an escrow account and to notify the tenants in writing of the location of the escrow account.This is not applicable to owners and family members who collectively own ten or fewer rental units, unless those units are managed by a third party for a fee.
  • Nonrefundable Fees: Allowed, but they must not be part of the security deposit.
  • Application Fees: Allowed I recommend Accurate Credit Bureau for tenant screening services.
  • Pet Deposits and Additional Fees: Allowed
  • Require Written/Signed Move-In Checklist: If owner and family own ten or fewer rental units, prior to collecting a security deposit, the owner shall give the tenant a comprehensive list of any existing damage to the premises. The tenant shall have the right to inspect the premises to confirm the accuracy of the list prior to taking occupancy.  This is not applicable to owners and family members who collectively own ten or fewer rental units, unless those units are managed by a third party for a fee.
  • Require Itemized List of Move-Out Damages and Charges: Within three business days after the date of the termination of occupancy, the landlord shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit, along with the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. This is not applicable to owners and family members who collectively own ten or fewer rental units, unless those units are managed by a third party for a fee.
  • Record Keeping of Deposit Withholdings: No Statute
  • Failure to Comply: The landlord forfeits any right to withhold a deposit if the money was not originally deposited in an escrow account, or if landlord did not provide move-in/move-out inspection lists. Any landlord who intentionally and wrongfully withholds a deposit may be liable for 3x the amount withheld plus attorney’s fees.

Lease, Rent & Fees:

  • When Rent Is Due: No Statute
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • No Limit on Rent Amount: No county or municipal corporation may enact, maintain, or enforce any ordinance to regulate the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property.
  • Returned Check Fees: Yes, but the fee is not to exceed $30 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution.  I recommend using Accurate Credit Bureau for tenant screening and background check(s).
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages Caused by Leasee: Yes, but there is no statute that requires the Landlord to look for a new tenant. 
  • Abandonment of Personal Property: Landlord can remove the tenants’ abandoned personal property with a formal writ of possession (court order).
  • Termination of a Service Member:
    • Specific Rules: A landlord must follow a specific process for terminating the lease of an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.
    • Limited Liability: Any liability of the Service Member for rent under the lease may not exceed 30 days’ rent after written notice and proof of the assignment are given to the landlord; and the cost of repairing damage to the premises caused by an act or omission of the tenant.

Notices & Entry:

  • Notice to Terminate a Tenancy at Will (a Lease with No End Date): 60 days’ notice from the landlord, or 30 days’ notice from the tenant.
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease:  60 days’ notice from the landlord, or 30 days’ notice from the tenant.
  • Notice to Terminate Tenancy – Week-to-Week Lease: No Statute
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Termination of All Leases for Nonpayment: Immediate lease termination. Landlord can also file for eviction immediately, however tenant has seven days to pay to avoid eviction.
  • Termination for Lease Violation: No Statute
  • Required Notice before Entry: No Statute, but 24 hours is recommended
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes, but landlord must provide prior notice – 24 hours is recommended.
  • Entry Allowed with Notice for Showings: Yes, but landlord must provide prior notice – 24 hours is recommended
  • Emergency Entry Allowed without Notice: Yes
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No. Landlord is not allowed to discontinue heat, electricity or water service, punishable by a fine not to exceed $500.

Disclosures & Miscellaneous Notes:

  • Special Tenant Rights & Restrictions: Without permission, a tenant may not cut or destroy growing trees, remove permanent fixtures, or otherwise injure the property. A tenant may use dead or fallen timber for firewood and the pasturage for his cattle.
  • Landlord Responsibility & Liability:
    • The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent.
    • Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.
  • Name and Addresses: At or before the commencement of a tenancy, and 30 days after any change, the landlord shall disclose to the tenant in writing the names and addresses of the following persons:
    • The owner of record of the premises or a person authorized to act for and on behalf of the owner for the purposes of serving of process and receiving and receipting for demands and notice; and
    • The person authorized to manage the premises.
  • Destruction of Dwelling: The destruction of a dwelling by fire or the loss of possession by any casualty not caused by the landlord does not release the tenant from the obligation to pay rent.
  • Flooding Disclosure: If any portion of the living space covered by the lease has flooded three times in the last five years, landlord must disclose this to the applicant before signing a rental lease)
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
  • Domestic Violence Situations: No Statute
  • Retaliation: No Statute

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations / Tennessee

Security Deposit:

Security Deposit Maximum: No Statute
Deadline for Returning Security Deposit: 30 days
Nonrefundable Deposits: No Statute
Security Deposit Interest: No Statute
Separate Security Deposit Bank Account: Required
Pet Deposits and Additional Fees: No Statute
Advance Notice of Withholding: Required
Move-Out Checklist/Itemized List of Damages and Charges: Yes
Joint Move-Out Inspection: Required if requested by the tenant
Record Keeping of Deposit Withholdings: No Statute
Receipt of Deposit: No Statute
Failure to Comply: No Statute

Lease, Rent and Fees:

Rent Is Due: Unless otherwise agreed, rent is due at the beginning of each month, and can be prorated day-to-day.Rent Increase Notice: No Statute

Rent Grace Period: 5 days, excluding Sundays and legal holidays.
Late Fees: Not to exceed 10% of the amount of rent past due.
Prepaid Rent: No Statute
Returned Check Fees: $30
Tenant Allowed to Withhold Rent for Failure to Provide a Habitable Dwelling: Yes, however the tenant must file a complaint to the local officials, and upon failure by the landlord to remedy the issue, the tenant is allowed to pay rent to the county for safe keeping.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
Tenant Allowed to Repair and Deduct Rent: Yes
Landlord Allowed to Recover Court and Attorney Fees: Yes
Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Re-rent: Yes

Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
Notice to Terminate Tenancy – Month-to-Month Lease: 30 days
Notice to Terminate Tenancy – Week-to-Week Lease: 10 days
Notice to Terminate Tenancy for Noncompliance by Landlord: 14 days
Termination for Nonpayment: 14 days to remedy and 30 days to vacate.
Termination for Lease Violation: 30 days
Termination for Drug-related Criminal Acts or Violent Behavior: 3 days
Termination for Substance or Prostitution Violations: Immediate
Required Notice before Entry: No statute, but 24 hours is recommended.
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
Entry Allowed with Notice for Showings: Yes. Within the final thirty (30) days of the termination of the rental agreement, the landlord only needs to provide 24 hours notice if to show the property, but only if specified in the lease.
Emergency Entry Allowed without Notice: Yes
Notice of Date/Time of Move-Out Inspection: No Statute
Entry Allowed During Tenant’s Extended Absence: Yes
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No
Utility Shut-offs Allowed: If a written rental agreement requires the tenant to have utility services placed in the tenant’s name and the tenant fails to do so within three (3) days of occupancy of the rented premises, the landlord may have such utility services terminated if the existing utility service is in the name of the landlord.
Notice of Vehicle Towing: A landlord may have a vehicle towed with 10 days notice, under the following circumstances:
Flat Tire(s): One (1) or more flat or missing tires;
Dead: Unable to operate under its own power;
Broken Glass: Missing or broken windshield or more than one (1) broken or missing window;
Missing Fenders: One (1) or more missing fenders or bumpers; or
Noncompliance: Has not been in compliance with all applicable local or state laws relative to titling, licensing, operation, and registration for more than thirty (30) days.
Notice of Extended Absence: If specified in the rental agreement, the tenant must give notice to the landlord of any absence of 7 days or longer. If the tenant fails to do so, the tenant can be held responsible for any damages resulting from his/her absence.
Abandonment of Premises: Landlord can assume abandonment by the tenant if either:
The tenant’s unexplained or extended absence from the premises for thirty (30) days or more without payment of rent as due shall be enough evidence of abandonment, or
The tenant’s nonpayment of rent for fifteen (15) days past the rental due date, together with other reasonable factual circumstances indicating the tenant has permanently vacated the premises.
Abandonment of Personal Property:
10 Days: The landlord must notify and give the tenant 10 days to claim the personal property.
Relocation of Belongings: If tenant fails to contact the landlord, the personal property can be removed from the premise, but stored for not less than 30 days.
Sale or Dispose of: After 30 days, the landlord may sell or otherwise dispose of the tenant’s possessions and personal effects and apply the proceeds of the sale to the unpaid rents, damages, storage fees, sale costs and attorney’s fees.

Landlord Duties & Maintenance:

Compliance: Comply with building and housing codes materially affecting health and safety;
Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
Common Areas: Keep all common areas of the premises in a clean and safe condition; and
Trash: In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points.

Tenant’s Duties:

Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
Cleanliness: Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises when the tenant took possession;
Trash: Dispose from the tenant’s dwelling unit all ashes, rubbish, garbage, and other waste to the designated collection areas and into receptacles;
Lawful Activity: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; and shall not engage in any illegal conduct on the premises; and
Quiet Enjoyment: Act and require other persons on the premises, with the tenant’s or other occupants’ consent, to act in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
Name and Addresses: Before a lease begins, the owner must disclose the name and address of the landlord, property owner, and anyone authorized to manage the property or allowed to receive notice on the owner’s behalf.
Written Tennessee Rental Leases: Required for Tennessee rental agreements more than 3 years in duration.
Fair Housing:
Physically Disabled: Special rules apply to physically disabled persons’ access to housing.
Blind persons: Special rules apply to leasing to blind persons.
Notification by Email: If the tenant provides an email address in the rental agreement, any notification required to be sent to the tenant may be sent by email unless otherwise specified by other statutes.
House Rules and Regulations: A landlord has the right to create rules and regulations at any time, under certain circumstances.
Domestic Violence Situations: No Statute
Retaliation: A landlord must not terminate, refuse to renew a lease, or fine a tenant for complaining to the landlord regarding the deposit, complaining to a government agency, or exercising a legal right.
Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations North Carolina

Security Deposit:

  • Security Deposit Maximum: Not to exceed two weeks’ rent if a tenancy is week-to-week, one and one-half months’ rent if a tenancy is month-to-month, and two months’ rent for terms greater than month to month.
  • Deadline for Returning Security Deposit: 30 days, unless the landlord needs more time to evaluate the damage, upon which an interim notice may be sent within 30 days, with a final determination within 60 days.
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: 
    • Landlord is required to deposit the funds into a trust account with a licensed and insured bank or savings institution in the State of NC, or furnish a bond from an insurance company licensed to do business in NC.
    • The landlord must notify the tenant within 30 days after the beginning of the lease term of the name and address of the bank or institution where his deposit is currently located or the name of the insurance company providing the bond.
  • Pet Deposits: A reasonable non-refundable pet deposit is allowed
  • Advance Notice of Withholding: No
  • Move-Out Checklist/Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: No Statute

Lease, Rent and Fees:

  • Rent Is Due: No Statute
  • Rent Increase Notice: No Statute
  • Rent Grace Period: 5 days
  • Late Fees:
    • If rent is due in monthly installments, the landlord may charge a late fee of $15.00 or five percent (5%) of the monthly rent, whichever is greater.
    • If rent is due in weekly installments, the landlord may charge a late fee of $4.00 or five percent (5%) of the weekly rent, whichever is greater.
  • Prepaid Rent: No Statute
  • Additional Fees: Some fees are allowed.
  • Returned Check Fees: $25.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Landlord Allowed to Recover Court and Attorney Fees: No
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent: No Statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Year-to-Year Lease: One month or more before the end of the current year of the tenancy.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 7 days
  • Notice to Terminate Tenancy – Week-to-Week Lease: 2 days
  • Notice to Terminate Tenancy – The Leasing of a Space for a Manufactured Home: 60 days
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Termination for Nonpayment: 10 days
  • Termination for Lease Violation: Immediately
  • Required Notice before Entry: No Statute, but 24 hours is recommended
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No Statute
  • Entry Allowed with Notice for Showings: No Statute
  • Emergency Entry Allowed without Notice: No Statute
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No
  • Self-Help Evictions: If a tenant is unlawfully evicted, the landlord is liable for the actual damages incurred to the tenant.
  • Abandonment of Personal Property: Personal property is considered abandoned 5-7 days after lawful repossession of the property and formal written notice to the tenant.

Disclosures and Miscellaneous Notes:

  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status.
    • Protection from Termination: Landlord cannot terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement with a victim of domestic violence.
    • Early Termination Rights: A tenant is allowed to terminate a lease with 30 days written notice and proof of Domestic Violence status.
    • Locks: Upon request, the landlord must change or re-key the locks at the tenant’s expense within 48-72 hours depended on the situation.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
  • Retaliation: For 12 months thereafter, a landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority, been involved in a tenant’s organization, made a good faith complaint, or exercised a legal right. Other actions are prohibited.
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