In North Carolina, landlords have specific legal obligations and limitations regarding their interactions with tenants. They cannot unlawfully discriminate against potential tenants based on race, color, religion, national origin, sex, familial status, or disability. Landlords are also prohibited from retaliating against tenants who exercise their legal rights, such as withholding rent due to unsafe living conditions or organizing a tenants’ union. Furthermore, landlords cannot enter a tenant’s rental unit without providing proper notice or consent, and they must maintain the property in a habitable condition, which includes providing essential services like heat, water, and electricity.
What Landlords Can’t Do in North Carolina
Landlords in North Carolina are subject to a number of laws that protect the rights of tenants. These laws cover a variety of topics, including security deposits, rent increases, evictions, and repairs. Here are some specific things that landlords cannot do in North Carolina:
Prohibited Fees
- Charge a security deposit that is greater than two months’ rent.
- Charge a pet deposit of more than $250.
- Charge a late fee of more than 5% of the rent or $50, whichever is greater.
- Charge a returned check fee of more than $35.
- Charge a fee for making a copy of a lease or other document.
Landlords also cannot require tenants to sign a lease that contains any provisions that are prohibited by law. For example, a landlord cannot require a tenant to waive their right to a security deposit or to agree to pay for repairs that are the landlord’s responsibility.
Rent Increases
Landlords can only increase the rent once per year. The increase must be no more than 10% of the current rent. Landlords must give tenants at least 30 days’ notice before increasing the rent.
Evictions
Landlords can only evict tenants for certain reasons, such as nonpayment of rent, violation of the lease agreement, or damage to the property. Landlords must follow specific procedures when evicting a tenant. These procedures include giving the tenant a written notice to vacate and obtaining a court order for eviction.
Repairs
Landlords are responsible for making repairs to the property that are necessary to keep it in a habitable condition. This includes repairs to the heating and cooling system, plumbing, electrical system, and roof. Landlords must make repairs in a timely manner.
| Right | Description |
|---|---|
| Security Deposit | Cannot exceed two months’ rent. |
| Pet Deposit | Cannot exceed $250. |
| Late Fee | Cannot exceed 5% of the rent or $50, whichever is greater. |
| Returned Check Fee | Cannot exceed $35. |
| Lease Provisions | Cannot contain any provisions that are prohibited by law. |
| Rent Increases | Can only be increased once per year by no more than 10% with 30 days’ notice. |
| Evictions | Can only be for certain reasons and must follow specific procedures. |
| Repairs | Landlords are responsible for making repairs in a timely manner to keep the property habitable. |
Unlawful Entry
A landlord cannot enter a tenant’s premises without the tenant’s consent, except in certain limited circumstances. These circumstances include:
- To make repairs or improvements.
- To show the property to prospective tenants or buyers.
- To remove personal property that the tenant has abandoned.
- To collect rent.
- To enforce a court order.
If a landlord enters the tenant’s premises without the tenant’s consent, the tenant may be able to sue the landlord for trespass. In some cases, a tenant may also be able to evict the landlord for a breach of the lease.
Landlords must give tenants at least 24 hours’ notice before entering the premises, except in an emergency. The notice must be in writing and must state the date, time, and purpose of the entry.
If a landlord enters the premises without the tenant’s consent and without giving proper notice, the tenant may be able to:
- Sue the landlord for trespass.
- Evict the landlord for a breach of the lease.
- File a complaint with the local housing authority.
In addition to the above, a landlord cannot:
- Harass or threaten a tenant.
- Discriminate against a tenant based on race, color, religion, national origin, sex, familial status, or disability.
- Retaliate against a tenant for exercising their rights under the lease or the law.
| Unlawful Entry | Landlord’s Right |
|---|---|
| Entering without consent | Only in limited circumstances |
| Entering without proper notice | Tenant may sue or evict |
| Harassment or threats | Prohibited |
| Discrimination | Prohibited |
| Retaliation | Prohibited |
Discrimination Based on Protected Class
Landlords cannot discriminate against tenants based on certain protected characteristics, such as:
- Race
- Color
- Religion
- National origin
- Sex
- Familial status
- Disability
This means that they cannot:
- Refuse to rent to someone because of their protected characteristic.
- Charge a higher rent or security deposit because of someone’s protected characteristic.
- Provide different terms or conditions of tenancy based on someone’s protected characteristic.
- Harass or evict someone because of their protected characteristic.
If you believe that you have been discriminated against by a landlord, you can file a complaint with the North Carolina Human Relations Commission or the U.S. Department of Housing and Urban Development.
| Protected Characteristic | Examples of Discrimination |
|---|---|
| Race | Refusing to rent to someone because they are Black, Asian, Hispanic, or Native American. |
| Color | Charging a higher rent to someone because they have dark skin. |
| Religion | Refusing to rent to someone because they are Muslim, Jewish, or Christian. |
| National origin | Discriminating against someone because they are from a particular country or region. |
| Sex | Refusing to rent to someone because they are male or female. |
| Familial status | Refusing to rent to a family with children. |
| Disability | Refusing to rent to someone because they have a disability. |
Landlord’s Responsibilities in North Carolina
Landlords in North Carolina have certain responsibilities to their tenants, including maintaining the property in a safe and habitable condition. There are certain things that a landlord cannot do.
Failure to Make Repairs
One of the most common complaints against landlords is their failure to make repairs. Landlords are required to make repairs to the property that are necessary to keep it in a safe and habitable condition. This includes:
- Repairs to the roof, windows, and doors
- Repairs to the plumbing and electrical systems
- Repairs to the heating and cooling systems
- Repairs to the appliances
- Repairs to the common areas of the property
If a landlord fails to make necessary repairs, the tenant may have several options, including:
- Withholding rent until the repairs are made
- Filing a complaint with the local housing authority
- Taking the landlord to court
In addition to the above, there are several other things that a landlord cannot do in North Carolina, including:
- Discriminating against tenants based on race, color, religion, national origin, sex, familial status, or disability
- Harassing or retaliating against tenants
- Entering the tenant’s unit without permission
- Changing the locks on the tenant’s unit without permission
- Evicting the tenant without a court order
If you are a tenant in North Carolina and believe that your landlord has violated your rights, you should contact your local housing authority or an attorney.
| Responsibility | Example |
|---|---|
| Maintain Property | Repairs to roof, windows, and doors |
| Make Repairs | Repairs to plumbing and electrical systems |
| Provide Utilities | Heat, water, and electricity |
| Comply with Housing Codes | Maintain property in safe and habitable condition |
| Respect Tenant’s Privacy | Cannot enter unit without permission |
Well, there you have it, folks! A quick rundown on what your landlord can and cannot do in the Tar Heel State. I hope this article has been helpful. If you have any specific questions, be sure to check out the North Carolina Landlord-Tenant Act or talk to a qualified attorney. Thanks for reading, and I hope to see you back on our blog soon for more informative and entertaining content. In the meantime, keep those legal ducks in a row!