and notify the tenant of this fact Tenants may sue landlords for accountings the return of security deposits or for actual damages if the landlord fails to comply with his duties concerning such deposits If a landlord is found by a court to have willfully failed to comply with the law concerning security deposits the court has authority to require the landlord to pay the tenant a reasonable attorney s fee LANDLORDS AND TENANTS THIS is the LAW Landlords and Tenants Late Fees A landlord may impose if the rental agreement allows a late charge on any rental payment which is late by five days or more The late charge can either be five 5 percent of the rental payment or fifteen 15 00 whichever is greater A late fee may be imposed only one time for each late rental payment and may not be deducted from a subsequent rental payment so as to cause the subsequent rental payment to be in default Who Owns What Tenants should be aware that unless they have an agreement with their landlord saying otherwise any improvement the tenant makes to the rental property may become a part of the real estate thus belonging to the landlord at the end of the rental term Tenants should be aware of this before they install or affix anything to the real estate such as carpeting bathroom fixtures light fixtures shutters shrubs etc Eviction In North Carolina a landlord may evict tenants by a special court procedure called summary ejectment if the lease is breached or terminated A landlord in North Carolina may not use self help such as cutting off utilities or locking tenants out of their homes in lieu of summary ejectment The Clerk of Superior Court in your county has the forms and information you need to bring a summary ejectment action in magistrate s court In addition accelerated evictions may occur for tenants and all members of the tenant s household if criminal activity such as drug trafficking has occurred If a court enters a judgment for possession in favor of the Landlord the Landlord is entitled to possession of the premises after the appeal period has expired and a Writ of Possession has been executed and delivered by the Sheriff upon the tenants Landlords and tenants are free to bargain about many terms of rental agreements and those who rent houses apartments or mobile homes should feel free to seek changes in terms or conditions which they feel are not in their best interest before signing any rental agreement Once the bargaining is over and both landlord and tenant have agreed to a set of conditions or terms both parties are required to carry out these terms and conditions However the landlord and the tenant have duties and rights established by law and while THIS is the This pamphlet was prepared as a public service by the Communications Committee and is not intended to be a comprehensive statement of the law North Carolina laws change frequently and could affect the information in this pamphlet If you have specific questions with regard to any matters contained in this pamphlet you are encouraged to consult an attorney If you need an attorney please contact the North Carolina Lawyer Referral Service a nonprofit public service project of the North Carolina Bar Association via phone 1 800 662 7660 local 677 8574 or online www ncfindalawyer org 1983 N C Bar Association Revised 2007 the law provides great leeway for landlords and tenants to bargain about terms the law does not permit either to surrender certain rights or fail to carry out certain duties established by law Note This pamphlet refers to residential leases The law is different for commercial leases See an attorney for more information The North Carolina Bar Association does not intend to signify approval or endorsement of their work or views of agencies and firms distributing this pamphlet For other pamphlets check your local public library or for an additional free pamphlet send a self addressed stamped envelope to LAW Landlords and Tenants NC Bar Association Attn Pamphlet Program PO Box 3688 Cary NC 27519 Visit our Web site at www ncbar org Published as a Public Service by the Communications Committee of the North Carolina Bar Association Your Rights As A Tenant As long as you fulfill your legal duties and the requirements of your rental agreement you have the right to exclusive possession of property you rent or lease for the term of the rental agreement However even as you exercise your basic right to privacy your landlord may retain in the lease a right to inspect your dwelling at reasonable times and in a reasonable manner If your landlord does not live up to his duties as set by law and the terms of the rental agreement you have the right to 1 complain to him 2 complain to appropriate government agencies such as your local building and health departments 3 exercise your rights under law or the rental agreement which you have signed 4 join with other tenants to secure your rights These rights may be exercised without fear of eviction In addition if after reasonable notice your landlord fails to carry out his legal duties you have the right to move out of the dwelling you are renting thereby ending your rental agreement Moreover you have the right to seek relief in court if the landlord fails to fulfill his duties If you seek relief in court and the court decides in your favor it may reduce the amount of rent you must pay until the landlord fulfills his duties and or award you money damages Tenants may not withhold rent payments in order to force the landlord to fulfill his duties without the permission of the court If your rental agreement was prepared by your landlord the law provides that in the event of a dispute between you and the landlord any unclear terms or conditions should be interpreted in your favor Your Duties As A Tenant As a tenant you have an obligation 1 To pay your rent as agreed and do other things required by your lease 2 To keep your home clean and safe Get rid of trash and garbage in a clean and safe way Use the toilet sinks and baths in proper ways and keep them clean 3 Not to damage or let any of your family or guests damage your home If you do you are responsible and the landlord will not have to repair damage caused by you or your guests However you are not responsible for ordinary wear and tear or damage caused by nature or people you do not permit to come into your home 4 To comply with any and all obligations imposed upon tenants by current applicable building and housing codes 5 To replace the
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