North Carolina landlord and tenant rules
The figures that decide most disputes between North Carolina landlords and tenants, each with a calculator and the statute behind it.
| Rule | North Carolina | Statute | Tool |
|---|---|---|---|
| Maximum security deposit | 2 weeks' rent for week-to-week tenancies, 1.5 months' rent for month-to-month, and 2 months' rent for terms longer than month-to-month (e.g., a 1-year lease) | N.C.G.S. § 42-51(b); § 42-52; § 42-53 | Deposit rules |
| Deposit return deadline | 30 days after termination of the tenancy and delivery of possession, with written itemization of damages and the balance; if the claim cannot be determined in 30 days, an interim accounting is due within 30 days and a final accounting within 60 days; if tenant's address is unknown, hold balance for at least 6 months | N.C.G.S. § 42-51(b); § 42-52; § 42-53 | Deposit rules |
| Interest on the deposit | Not required | N.C.G.S. § 42-51(b); § 42-52; § 42-53 | |
| Maximum late fee | Greater of $15 or 5% after a 5-day grace period | N.C.G.S. § 42-46(a), (b) | Late fee calculator |
| Landlord notice, month-to-month | 7 days | N.C.G.S. § 42-14; § 42-3 | Notice calculator |
| Tenant notice, month-to-month | 7 days | N.C.G.S. § 42-14; § 42-3 | Notice calculator |
| Rent increase notice | No statute | N.C.G.S. § 42-14; § 42-3 | Notice calculator |
| Pay-or-quit notice | 10 days | N.C.G.S. § 42-14; § 42-3 | Notice calculator |
| Rent increase cap | None statewide |
Security deposits in North Carolina
North Carolina limits security deposits to 2 weeks' rent for week-to-week tenancies, 1.5 months' rent for month-to-month, and 2 months' rent for terms longer than month-to-month (e.g., a 1-year lease). The deposit must be returned 30 days after termination of the tenancy and delivery of possession, with written itemization of damages and the balance; if the claim cannot be determined in 30 days, an interim accounting is due within 30 days and a final accounting within 60 days; if tenant's address is unknown, hold balance for at least 6 months. No interest is owed on the deposit under state law. Tenant Security Deposit Act (Art. 6). Deposit must be held in a NC trust account or secured by bond; no interest owed to tenant. No deductions for normal wear and tear. Statute text read via Wayback snapshots (2025) of ncleg.gov because ncleg.gov blocked direct access; no 2024-2026 amendments to §§ 42-51, 42-52, 42-53 appear in the section history. Full deposit rules and move-out checklist.
Late fees in North Carolina
North Carolina caps late fees at the greater of $15.00 or 5% of the monthly rent. Rent must be at least 5 days late before any fee may be charged. Calculate the maximum fee.
Notice periods in North Carolina
A North Carolina landlord must give 7 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. There is no separate statutory notice period for rent increases; the month-to-month termination notice is the practical minimum. For nonpayment, the landlord must serve a 10-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.
Sources
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-51.html
- https://web.archive.org/web/20250909194716id_/https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-51.html
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-52.html
- https://web.archive.org/web/20251209232338id_/https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_42/gs_42-52.html
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-46.html
- https://web.archive.org/web/20250624084848id_/https://ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-46.html
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-14.html
- https://web.archive.org/web/20260119114704id_/https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_42/gs_42-14.html
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-3.html
- https://web.archive.org/web/20251215081419id_/https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-3.html
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-53.html
- https://web.archive.org/web/20250624085005id_/https://www3.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-53.html
Frequently asked questions
How much can a landlord charge for a security deposit in North Carolina?
2 weeks' rent for week-to-week tenancies, 1.5 months' rent for month-to-month, and 2 months' rent for terms longer than month-to-month (e.g., a 1-year lease). Tenant Security Deposit Act (Art. 6). Deposit must be held in a NC trust account or secured by bond; no interest owed to tenant. No deductions for normal wear and tear. Statute text read via Wayback snapshots (2025) of ncleg.gov because ncleg.gov blocked direct access; no 2024-2026 amendments to §§ 42-51, 42-52, 42-53 appear in the section history.
What is the maximum late fee for rent in North Carolina?
Greater of $15 or 5%. For monthly rent: greater of $15 or 5% of monthly rent; for weekly rent: greater of $4 or 5% of weekly rent. Chargeable only if rent is 5 or more calendar days late (first day counted is the day after the due date), only once per late payment, and may not be deducted from a later rent payment so as to create a new default.
How much notice does a landlord have to give a tenant to move out in North Carolina?
7 days’ written notice for a month-to-month tenancy. 7 days' notice to quit before the end of the current period for month-to-month; 2 days for week-to-week; 1 month for year-to-year; 60 days for manufactured-home lot rentals
How long is a pay-or-quit notice in North Carolina?
10 days. The tenant can stop the eviction by paying the full amount within that time.
Other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming