Home · Landlord-tenant rules · North Carolina
Deposit, notice, and late-fee figures cited to the state statute.
| Rule | Rule text |
|---|---|
| Security deposit cap | The security deposit shall not exceed two weeks' rent for a week-to-week tenancy, one and one-half months' rent for a month-to-month tenancy, and two months' rent for a term longer than month to month. N.C. Gen. Stat. § 42-51. As of 2026-10-09. |
| Deposit return deadline | The landlord shall itemize any damage in writing and mail or deliver that itemization with the balance of the security deposit no later than 30 days after termination of the tenancy and delivery of possession. If the extent of the landlord's claim cannot be determined within 30 days, the landlord shall provide an interim accounting no later than 30 days after termination of the tenancy and delivery of possession. N.C. Gen. Stat. § 42-52. As of 2026-10-09. |
| Notice to end a tenancy | A year-to-year tenancy may be terminated by a notice to quit given one month or more before the end of the current year. A month-to-month tenancy may be terminated by a notice of seven days, and a week-to-week tenancy by a notice of two days. If the tenancy is only a space for a manufactured home, the notice to quit must be given at least 60 days before the end of the current rental period. N.C. Gen. Stat. § 42-14. As of 2026-10-09. |
| Late fee | The parties may agree to a late fee that can be charged only if a rental payment is five calendar days or more late. If rent is due monthly, the late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. If rent is due weekly, the late fee may not exceed $4 or 5% of the weekly rent, whichever is greater. N.C. Gen. Stat. § 42-46. As of 2026-10-09. |
| Eviction notice | Where a lease of real property fixes a definite time for payment of rent, the term is forfeited if the rent is not paid within 10 days after the lessor or the lessor's agent demands all past-due rent. N.C. Gen. Stat. § 42-3. As of 2026-10-09. |
The security deposit shall not exceed two weeks' rent for a week-to-week tenancy, one and one-half months' rent for a month-to-month tenancy, and two months' rent for a term longer than month to month.
The landlord shall itemize any damage in writing and mail or deliver that itemization with the balance of the security deposit no later than 30 days after termination of the tenancy and delivery of possession. If the extent of the landlord's claim cannot be determined within 30 days, the landlord shall provide an interim accounting no later than 30 days after termination of the tenancy and delivery of possession.
The parties may agree to a late fee that can be charged only if a rental payment is five calendar days or more late. If rent is due monthly, the late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. If rent is due weekly, the late fee may not exceed $4 or 5% of the weekly rent, whichever is greater.
Figures are from North Carolina statutes, retrieved 2026-10-09. Primary sources: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-51.html, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-52.html, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-14.html, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-46.html, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-3.html.
The security deposit shall not exceed two weeks' rent for a week-to-week tenancy, one and one-half months' rent for a month-to-month tenancy, and two months' rent for a term longer than month to month. Source: N.C. Gen. Stat. § 42-51, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-51.html, as of 2026-10-09.
The landlord shall itemize any damage in writing and mail or deliver that itemization with the balance of the security deposit no later than 30 days after termination of the tenancy and delivery of possession. If the extent of the landlord's claim cannot be determined within 30 days, the landlord shall provide an interim accounting no later than 30 days after termination of the tenancy and delivery of possession. Source: N.C. Gen. Stat. § 42-52, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-52.html, as of 2026-10-09.
A year-to-year tenancy may be terminated by a notice to quit given one month or more before the end of the current year. A month-to-month tenancy may be terminated by a notice of seven days, and a week-to-week tenancy by a notice of two days. If the tenancy is only a space for a manufactured home, the notice to quit must be given at least 60 days before the end of the current rental period. Source: N.C. Gen. Stat. § 42-14, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-14.html, as of 2026-10-09.
The parties may agree to a late fee that can be charged only if a rental payment is five calendar days or more late. If rent is due monthly, the late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. If rent is due weekly, the late fee may not exceed $4 or 5% of the weekly rent, whichever is greater. Source: N.C. Gen. Stat. § 42-46, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-46.html, as of 2026-10-09.
Where a lease of real property fixes a definite time for payment of rent, the term is forfeited if the rent is not paid within 10 days after the lessor or the lessor's agent demands all past-due rent. Source: N.C. Gen. Stat. § 42-3, https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-3.html, as of 2026-10-09.
Estimates for planning; not tax/legal advice.