The Landlord Tenant Act of North Carolina describes the process of renting or leasing property. It also defines the rights and responsibilities of the landlord and the tenant, including property maintenance, rent and eviction.
North Carolina's Legislation
North Carolina's General Assembly enacted a Landlord Tenant statute, Chapter 42 of the state's code, in 1868, with revisions and amendments made as recently as 2010.
The parties are permitted to fix the rent amount, to state when the rent is due and where it is to be paid. However, the statute sets a late fee for month-to-month rentals to prevent landlords from overcharging tenants. A late fee can be the greater of $15 or five percent of the rent and can only be charged after rent is past due for five days.
The landlord's responsibilities include: complying with all housing and building codes; making any necessary repairs in a tenant's unit; keeping any common areas in good condition; making sure that all smoke detectors in individual units and common areas are functional; and keeping plumbing, electrical and temperature control units in safe, operable condition.
The tenant is responsible for disposing of his own trash and keeping the individual unit clean. The tenant cannot purposefully damage or destroy the rental unit.
A landlord can immediately evict a tenant if criminal activity occurs within the tenant's rental property or if the tenant conducts criminal activity in any area of the landlord's premises. (Reference 2) A tenant can also be evicted if he violates any terms of the lease, including failure to pay rent, or remains in a rental unit after his lease has expired.