Law & Legal & Attorney Real estate & property Law

Tenant Rights & Responsibilities in North Carolina

    Responsibilities of the Landlord.

    • The landlord must comply with all local building codes, keep the property in habitable condition, keep common areas safe, maintain the electrical, plumbing, heating, air conditioning and appliances and provide working smoke detectors. The landlord cannot add a clause into the lease that excuses him from these responsibilities.

    Responsibilities of theTenant

    • State law requires the tenant to keep the property clean and safe, keep plumbing fixtures clean, not intentionally damage the property and if damages do occur take care of the repairs and always notify the landlord in writing of repairs that need to be completed. The tenant is also required to replace batteries in the smoke detector unless the lease agreement specifies differently.

    Security Deposit

    • If a lease is week-to-week, the landlord cannot charge more than two weeks rent as a security deposit. For a lease that is month-to-month, the landlord is limited to a month and a half security deposit. With a lease of one year or more, the landlord can charge up to two months' rent. The landlord must provide banking information on where the deposit is being held.

    Refund of Deposit

    • At the end of the lease term, the landlord has 30 days to refund your deposit and must include in writing any deductions. They are allowed to deduct from the security deposit for back rent, damages above wear and tear on the property, costs incurred after a tenant breaks the lease, and court costs if the landlord has to go through the courts to evict the tenant.

    Eviction

    • A tenant may not be evicted for complaints made to the landlord or local agencies regarding repairs or unhealthy conditions. The landlord is also not allowed to evict by turning off utilities or changing the locks; evictions must go through the courts. Criminal activity or breaking the lease are legitimate reasons for eviction.

    Rights Violations

    • If a landlord has violated the rights of a tenant by not completing necessary repairs or providing a safe environment, the tenant can take the landlord to small claims court. It is important that the tenant continue to pay rent, even if the landlord is negligent and a court procedure is pending. North Carolina law does not allow tenants to withhold rent unless it is in written agreement with the landlord.

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