The North Carolina residential lease agreement (“rental agreement”) outlines the conditions agreed upon by a landlord and tenant for the residential use of real estate. The contract will include the length of the agreement (”term”), the payment amount (”rent”), as well as the obligations of the tenant while leasing the property.
North Carolina Lease Disclosures & Addendums
The following disclosure is required for all residential lease agreements in North Carolina.
- Late Fee Disclosure – for all rental units charging late fees.
- Lead Based Paint Disclosure – for rental units built prior to 1978.
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in North Carolina.
Late Fee Disclosure
Applicable to any unit charging late fees.
Late fees in North Carolina must be outlined in the lease agreement to be enforceable, including the amount of the fee and the date it is assessed. For monthly payments, the maximum late fee is the greater of $15 or 5% of the rent. For weekly payments, fees may not exceed the greater of $4 or 5% of the weekly rent .
The following is an example of a late fee section:
LATE FEE. If rent is not paid by the due date outlined in this lease, a late fee of ___% or $___ will be assessed to the balance.
Lead Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in North Carolina to:
- Fill out and attach this lead based paint disclosure form to the lease agreement.
- Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by North Carolina law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Landlord Name & Address – to create a line of communication for important notices & demands between tenant and landlord, it is recommended that North Carolina landlords provide contact information within or alongside the lease for themselves or anyone authorized to act on behalf of the property.
- Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious damages that occur during the lease term. This can be attached to the lease agreement or signed as a separate document.
- Returned Check Fees – it is recommended that landlords disclose returned check fees in the case that a rent check is returned unpaid by the bank. In North Carolina, this fee is limited to $25 .
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to establish an understanding of the current status of bed bugs at the property in case of a future infestation and to provide information on the protocol for handling one.
- Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.