North Carolina landlord and tenant rules

Seayora publishes 16 North Carolina rules, covering security deposits, notice periods, late fees, evictions, rent regulation, fair housing, tenant protections, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

North Carolina at a glance

RuleNorth Carolina
How long does a landlord have to return a security deposit in North Carolina?30 days
How much can a landlord charge for a security deposit in North Carolina?2 months of rent
How many days does a tenant get to pay late rent in North Carolina?10 days to pay
How much notice does a landlord have to give before raising the rent in North Carolina?7 days
How much notice must a landlord give to end a tenancy in North Carolina?7 days
How much can a landlord charge for a late rent fee in North Carolina?$15 or 5%, whichever is greater
Is there a grace period for paying rent in North Carolina?5 days
Can a landlord change the locks to force a tenant out in North Carolina?Self-help eviction is unlawful in North Carolina and gives the tenant a claim for damages.
How long does a tenant have to respond to an eviction case in North Carolina?The hearing is set for no more than seven days after the summons issues; there is no written answer requirement before a magistrate.
What are the steps to evict a tenant for unpaid rent in North Carolina?Make a 10-day demand for rent
Is there rent control in North Carolina?Prohibited by state law
Can a landlord refuse a Section 8 voucher in North Carolina?Not protected; local protections barred
Can a landlord retaliate against a tenant for complaining in North Carolina?Protected for 12 months
Do contractors charge sales tax in North Carolina?Consumer of materials
Is appliance repair taxable in North Carolina?Taxable, with the parts
Is contractor labor taxable in North Carolina?Taxable — residential and commercial

Security deposits in North Carolina

How long does a landlord have to return a security deposit in North Carolina?

In North Carolina, a landlord has 30 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. 30 days; up to 60 when the amount of the claim cannot yet be determined, with an interim statement at 30. This is N.C. Gen. Stat. § 42-51–42-52.

Full answer and the checkable figures.

How much can a landlord charge for a security deposit in North Carolina?

In North Carolina, a security deposit is capped at 2 months of rent. Two months' rent (1½ for month-to-month; two weeks for week-to-week). This is N.C. Gen. Stat. § 42-51–42-52.

Full answer and the checkable figures.

Notice periods in North Carolina

How many days does a tenant get to pay late rent in North Carolina?

In North Carolina, before starting a nonpayment case a landlord must serve a written notice giving the tenant 10 days to pay the rent due. This is N.C. Gen. Stat. §§ 42-14, 42-3.

Month-to-month tenancies: 7 days. No statute sets an entry-notice period. Late rent: 10-day demand.

Full answer and the checkable figures.

How much notice does a landlord have to give before raising the rent in North Carolina?

In North Carolina, a landlord must give 7 days written notice before raising the rent. This is N.C. Gen. Stat. §§ 42-14, 42-3.

Month-to-month tenancies: 7 days. No statute sets an entry-notice period. Late rent: 10-day demand.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in North Carolina?

In North Carolina, a landlord must give 7 days written notice to end a tenancy or decline to renew it. This is N.C. Gen. Stat. §§ 42-14, 42-3.

Month-to-month tenancies: 7 days. No statute sets an entry-notice period. Late rent: 10-day demand.

Full answer and the checkable figures.

Late fees in North Carolina

How much can a landlord charge for a late rent fee in North Carolina?

In North Carolina, a late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. A late fee may be charged only once the rent is five calendar days or more late, counting from the day after it was due. Where rent is paid weekly the limit is $4 or 5% of the weekly rent, whichever is greater. This is N.C. Gen. Stat. § 42-46(a).

Where rent is paid weekly the limit is $4 or 5% of the weekly rent, whichever is greater.

Full answer and the checkable figures.

Is there a grace period for paying rent in North Carolina?

Yes. In North Carolina, a late fee may be charged only once the rent is five calendar days or more late, counting from the day after it was due. The late fee itself is limited too: a late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. Where rent is paid weekly the limit is $4 or 5% of the weekly rent, whichever is greater. This is N.C. Gen. Stat. § 42-46(a).

Where rent is paid weekly the limit is $4 or 5% of the weekly rent, whichever is greater.

Full answer and the checkable figures.

Evictions in North Carolina

Can a landlord change the locks to force a tenant out in North Carolina?

No. Self-help eviction is unlawful in North Carolina and gives the tenant a claim for damages. N.C.G.S. § 42-25.6. In North Carolina a tenant may be removed only through the court process, which is set by N.C.G.S. §§ 42-3, 42-26, 42-28, 42-30, 42-25.6, 42-36.2.

Full answer and the checkable figures.

How long does a tenant have to respond to an eviction case in North Carolina?

In North Carolina, the time a tenant has to respond to an eviction case is governed by N.C.G.S. §§ 42-3, 42-26, 42-28, 42-30, 42-25.6, 42-36.2. The hearing is set for no more than seven days after the summons issues; there is no written answer requirement before a magistrate.

Full answer and the checkable figures.

What are the steps to evict a tenant for unpaid rent in North Carolina?

In North Carolina, an eviction for unpaid rent runs through 5 steps, each set by the statute or court rule beside it: (1) Make a 10-day demand for rent — N.C.G.S. § 42-3; (2) File a complaint in summary ejectment — N.C.G.S. § 42-26; (3) Magistrate hearing within seven days — N.C.G.S. § 42-28; (4) Ten days to appeal — N.C.G.S. § 42-34; (5) Writ of possession — the sheriff has five days to execute — N.C.G.S. § 42-36.2. The procedure as a whole is set by N.C.G.S. §§ 42-3, 42-26, 42-28, 42-30, 42-25.6, 42-36.2.

Full answer and the checkable figures.

Rent regulation in North Carolina

Is there rent control in North Carolina?

No. North Carolina has no statewide rent control, and its cities and counties cannot simply adopt their own: no county or city may enact, maintain or enforce an ordinance or resolution that regulates the amount of rent charged for privately owned single-family or multiple-unit residential or commercial rental property. The same section also bars local laws that require landlords to rent to tenants whose rent includes federal housing assistance. This is N.C. Gen. Stat. § 42-14.1.

Full answer and the checkable figures.

Fair housing in North Carolina

Can a landlord refuse a Section 8 voucher in North Carolina?

Yes. North Carolina has no statewide law requiring landlords to accept housing vouchers, and its cities and counties cannot require it either: no county or city may enact, maintain or enforce an ordinance that prohibits a landlord from refusing to rent to a person because the person’s lawful source of income to pay rent includes funding from a federal housing assistance program. Federal law leaves the voucher program voluntary for most landlords, but a property financed with Low-Income Housing Tax Credits may not refuse a tenant because they hold a voucher. This is N.C. Gen. Stat. § 42-14.1(b).

Full answer and the checkable figures.

Tenant protections in North Carolina

Can a landlord retaliate against a tenant for complaining in North Carolina?

No. In North Carolina, a tenant may defend an eviction as retaliatory by showing it was substantially in response to a good-faith repair request, code complaint, government complaint, attempt to enforce rights, or tenant organizing that occurred within 12 months before the case was filed. The landlord still prevails if the tenant breached the lease, such as by not paying rent, among other listed exceptions. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is N.C. Gen. Stat. § 42-37.1.

Full answer and the checkable figures.

Contractor sales tax in North Carolina

Do contractors charge sales tax in North Carolina?

In North Carolina a contractor is treated as the CONSUMER of the materials they build into real property. That means the contractor pays sales tax when they buy the materials, and does not add sales tax to the customer's invoice for that work — the tax is already inside the price. North Carolina also has county, city or special-district rates on top of the state rate, so the rate depends on where the job site is, not where the contractor is based. Source: N.C. Gen. Stat. §105-164.4(a)(16) and §105-164.4H (repair, maintenance and installation services; real property contracts).

North Carolina taxes "repair, maintenance and installation services" (RMI) but exempts a REAL PROPERTY CONTRACT, on which the contractor is the consumer. A mixed transaction contract has its own allocation rule at §105-164.4H(d). Which of the two a job is determines everything, and the statutory test is not the same as "capital improvement".

Full answer and the checkable figures.

Is appliance repair taxable in North Carolina?

Yes. North Carolina taxes the LABOR on repairs to tangible personal property — an appliance, a boiler or a unit that never becomes part of the building — as well as the parts. This is a different question from work on the real property itself: the same technician on the same visit can be doing taxable work on an appliance and differently treated work on the structure, and the invoice has to tell them apart. Source: N.C. Gen. Stat. §105-164.4(a)(16) and §105-164.4H (repair, maintenance and installation services; real property contracts).

North Carolina taxes "repair, maintenance and installation services" (RMI) but exempts a REAL PROPERTY CONTRACT, on which the contractor is the consumer. A mixed transaction contract has its own allocation rule at §105-164.4H(d). Which of the two a job is determines everything, and the statutory test is not the same as "capital improvement".

Full answer and the checkable figures.

Is contractor labor taxable in North Carolina?

Yes. North Carolina taxes the LABOR on repair and maintenance work to real property, on both residential and commercial jobs. Repair and maintenance is not the same thing as a capital improvement, which is exempt to the customer in North Carolina — the classification of the job is what decides the tax, not the wording on the invoice. Source: N.C. Gen. Stat. §105-164.4(a)(16) and §105-164.4H (repair, maintenance and installation services; real property contracts).

North Carolina taxes "repair, maintenance and installation services" (RMI) but exempts a REAL PROPERTY CONTRACT, on which the contractor is the consumer. A mixed transaction contract has its own allocation rule at §105-164.4H(d). Which of the two a job is determines everything, and the statutory test is not the same as "capital improvement".

Full answer and the checkable figures.

Sources

  • N.C. Gen. Stat. § 42-14.1
  • N.C. Gen. Stat. § 42-14.1(b)
  • N.C. Gen. Stat. § 42-37.1
  • N.C. Gen. Stat. § 42-46(a)
  • N.C. Gen. Stat. § 42-51–42-52
  • N.C. Gen. Stat. §105-164.4(a)(16) and §105-164.4H (repair, maintenance and installation services; real property contracts).
  • N.C. Gen. Stat. §§ 42-14, 42-3
  • N.C.G.S. §§ 42-3, 42-26, 42-28, 42-30, 42-25.6, 42-36.2

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Late fees. Seayora charges only the late fee written into the lease, after the grace period the lease sets, and adds no late fee of its own. This page states the statutory ceiling and waiting period so the terms of a lease can be checked against them before it is signed.

Evictions. Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.

Rent regulation. This page states whether the state lets its cities control rent, and any statewide limit on an increase, so a renewal can be checked before it is offered. In New York City, Seayora’s rent-increase advisor goes further: it computes the highest increase the Rent Guidelines Board order and the Good Cause standard allow for each apartment, with the law cited, and gives no number where the law is not verified.

Fair housing. This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.

Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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