A residential lease agreement in Charlotte is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for periodic payments.
Residential Lease Agreement Requirements in Charlotte
Charlotte has no city-specific residential lease agreement requirements or disclosures. As such, landlords and tenants in Charlotte follow North Carolina requirements for lease agreements.
Landlord-Tenant Rights and Regulations in Charlotte
When it comes to landlord-tenant rights, landlords should be aware of the following:
Minimum Housing Code
The City of Charlotte’s housing code states the necessary requirements for a property to be fit for human living. This code covers the following regulations:
- Room size
- Number of people per bedroom
- Lighting and ventilation
- Electrical facilities
- Exit requirements
- Plumbing facilities
- Heating and air conditioning
- Building structure
- Property maintenance
A building owner cannot occupy or allow another person to occupy any property that does not comply with these standards.
Optional Lease Agreement Disclosures and Addendums in Charlotte
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
With a crime rate of 40 per 1,000 residents, Charlotte landlords may want to include a crime-free addendum in their lease agreement. This should state that engaging in criminal activity, including drug-related activity, is prohibited on or near the property.
Pest Control Disclosure
With Charlotte’s high cockroach rate, it would be wise for landlords to include a pest control disclosure. This agreement should highlight the tenants’ responsibilities related to pest prevention—including reporting any signs of pests to management as soon as possible.
Summary of Required Lease Disclosures for the State of North Carolina
- Late Fee Disclosure – Landlords must outline late fees in the lease agreement. For monthly payments, the maximum late fee is the greater of $15 or 5% of the rent and cannot be enforced until the tenant is five days late. For weekly payments, fees may not exceed the greater of $4 or 5% of the weekly rent.
- Security Deposit Holding Disclosure – Tenants must transfer their security deposit into a trust account that is licensed and federally insured. The landlord must notify the tenant within 30 days after the beginning of the lease term.
- Water Contamination Disclosure – In North Carolina, landlords who charge tenants for water or sewage utilities must provide notice of contaminant levels that exceed state guidelines (if they are known).
- Lead-Based Paint Disclosure – It is a federal law in the United States that any home built before 1978 must disclose the risks posed by lead-based paints.