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North Carolina Leases and Rental Agreements Laws

The relationship between landlords and tenants is regulated at the state level, through lease and rental agreement laws. Typically, these laws place limits on how much of a security deposit a landlord may require and which types of discrimination are prohibited. North Carolina lease and rental agreement laws limit deposits to two-months rent for leases over one month, while prohibiting discrimination on the basis of familial status.

See the following chart to learn more about North Carolina's lease and rental agreement laws. See FindLaw's Rental and Lease Agreements section for additional articles and resources.

Code Section 41A-4; 41A-6(e); 42-50, et seq.
Terms of Leases Landlord may treat tenant as trespasser and eject or may recognize him as tenant with presumption of year-to-year tenancy. (Murrill v. Palmer, 80 S.E. 55); this presumption is rebuttable and will yield to the actual intention of the parties (Gurtis v. City of Sanford, 197 S.E. 2d 584 (1973)
Deposits Limits: week-to-week, 2 weeks rent; month-to-month, 1 ? months rent; over month-to-month, 2 months rent; interest on deposits not required; deposit must be returned within 30 days of termination
Discrimination No discrimination on basis of race, religion, color, sex, national origin, handicap, or familial status; housing for older persons exempted.
Uniform Residential Landlord & Tenant Act Adopted? No

Note: State laws are constantly changing -- contact a North Carolina landlord-tenant attorney or conduct your own legal research to verify the state law(s) you are researching.

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