An Overview of Tenant Rights in North Carolina

An Overview of Tenant Rights in North Carolina

The United States government gives certain rights to tenants that landlords must oblige by. While the general parameters are commonsense, certain states have more specific statutes to make sure tenants aren't taking advantage of or treated poorly.

Understanding tenant rights in North Carolina can help you be the best possible landlord to keep good tenants. Continue reading to learn more about North Carolina's tenant rights.

Right to Fair Housing

The Federal Fair Housing Act states that all people will get treated equally when it comes to housing for both renters and buyers. It covers all of the protected classes of people who are searching for housing regardless of:

  • Sex
  • Religion
  • National origin
  • Race
  • Color
  • Disability
  • Familial status

This one might have you saying, "Wait, doesn't everyone have to consider the Federal Fair Housing Act?" and the answer is YES! However, in North Carolina, they have the State Fair Housing Act of North Carolina. The Act restates the federal act and reinforces the fact that it pertains to the locale and must be followed.

Security Deposit Protection

There are North Carolina tenant rights in place regarding the protection of security deposits. It helps to make sure that tenants don't get taken advantage of. 

North Carolina placed a maximum limit on security deposits depending on the length of the lease. For example, a weekly lease can only require the amount of two week's rent for a security deposit. A landlord can charge up to a month and a half's rent for a month-to-month lease. One-year leases can cost a tenant up to two month's rent in security deposit.

Only certain factors can influence a reduction from the security deposit during and after the tenancy. As a landlord, you can only subtract an amount from the lease if:

  • Damage to the property is more than normal wear and tear
  • Utility bills aren't getting paid
  • Tenants aren't paying rent
  • Tenants leave a mess behind when they move out

If you live in North Carolina, make sure that you take care when it comes to taking a security deposit. As a landlord, you can only store the security deposit in two ways: in a trust account or posted as a bond. 

A tenant can sue the landlord for up to $5,000 to get their security deposit back if their North Carolina tenant rights get violated.

Rights After Landlord Retaliation & Domestic Violence

Tenants have the right to exercise their rights as they are written in their lease or North Carolina's tenant rights. This means that they can ask the landlord to make repairs or report health risks to the proper authority without fearing that the landlord might retaliate by increasing rent, evicting the tenant, or refuse to make repairs.

Victims of domestic violence, sexual assault, or stalking cannot be discriminated against when they break their lease. If a tenant has to move due to an assault, landlords can't hold the dollar amount lost against them. Tenants only have to pay for rent until they leave the premises.

Tenant Rights Are Unavoidable

If you find yourself questioning tenant rights, you are in the right place. As a landlord, you have to make sure that you are following all of the regulations set forth by the state where you and your tenants reside.

Contact Home River Group in Charlotte today for more information on the resources that we have for landlords.

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