Rent Increase Facts | Answer |
Reason Needed? | No |
Maximum Amount | None |
Required Notice | No Statute |
Does North Carolina Have Rent Control Laws?
North Carolina does not have rent control laws limiting the amount that landlords request for rent. State law prohibits local governments from establishing rent control laws.
When Can a Landlord Raise Rent in North Carolina?
Landlords in North Carolina can raise the rent at any time, as long as they comply with the following:
- Give reasonable notice
- Wait until the end of the lease term (unless otherwise specified in the lease)
- Aren’t raising rent for discriminatory or retaliatory reasons
30 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by 4.5% if they choose to renew the lease.
When Can’t a Landlord Raise Rent in North Carolina?
Landlords in North Carolina may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement)
- It is done in retaliation against a protected tenant action, such as filing a complaint
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act
North Carolina’s retaliation law only prevents retaliatory evictions within 12 months of a protected tenant action. However, landlords always have a legal obligation to act in good faith.
How Often Can Rent Be Increased in North Carolina?
Landlords in North Carolina can increase the rent as often as they wish, as long as reasonable notice is provided each time.
How Much Notice is Needed to Raise Rent in North Carolina?
North Carolina law does not require a specific notice period before raising the rent. However, the law requires that parties to a contract act in good faith, meaning that a landlord should give the tenant reasonable notice when increasing rent.
The notice period required for the termination of a lease is typically used as reasonable notice for a rent increase as follows:
- Year-to-year lease – One month’s notice
- Month-to-month lease – 7 days’ notice
How Much Can a Landlord Raise Rent in North Carolina?
North Carolina, landlords may raise the rent by any amount. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 N.C. Gen. Stat. § 42-14.1(a)
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No county or city as defined by G.S. 160A-1 may enact, maintain, or enforce any ordinance or resolution which regulates the amount of rent to be charged for privately owned, single-family or multiple unit residential or commercial rental property.
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- 2 N.C. Gen. Stat. § 42-42.2
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A landlord shall not terminate a tenancy, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling based substantially on:
(i) the tenant, applicant, or a household member’s status as a victim of domestic violence, sexual assault, or stalking; or
(ii) the tenant or applicant having terminated a rental agreement under G.S. 42-45.1. Evidence provided to the landlord of domestic violence, sexual assault, or stalking may include any of the following:
(1) Law enforcement, court, or federal agency records or files.
(2) Documentation from a domestic violence or sexual assault program.
(3) Documentation from a religious, medical, or other professional.
Source Link - 3 N.C. Gen. Stat. § 42-37.1(b)
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In an action for summary ejectment pursuant to G.S. 42-26, a tenant may raise the affirmative defense of retaliatory eviction and may present evidence that the landlord’s action is substantially in response to the occurrence within 12 months of the filing of such action of one or more of the protected acts described in subsection (a) of this section.
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- 4 N.C. Gen. Stat. § 42-14
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A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy.
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