Posts Tagged ‘ North Carolina Landlord Tenant Law ’

Landlords – Don’t be that GUY!

http://www.wfaa.com/news/local/dallas-county/junk-landlord-investigated-by-news-8-evicting-hundreds-of-tenants/329044843
Accurate Credit Bureau

Accurate Credit Bureau Feedback

Jeff, many thanks for processing this for me in record time.  It was most helpful, AND the apartment was rented!
Marrgo
For tenant screening and landlord services see Accurate Credit Bureau.
Important Decisions Demand Accurate Information!

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 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.
    North Carolina free rental applications rental leases and tenant screening services.