North Carolina Landlord Tenant Law
North Carolina Tenants

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What the Tenant Is Required To Do

Under the North Carolina Residential Rental Agreement Act, the tenant must:

(1) Keep that part of the premises which he occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises which he uses;

(2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner;

(3) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;

(4) Not deliberately or negligently destroy, deface, damage, or remove any part of the premises, nor render inoperable the smoke detector provided by the landlord, or knowingly permit any person to do so;

(5) Comply with any and all obligations imposed upon the tenant by current applicable building and housing codes;

(6) Be responsible for all damage, defacement, or removal of any property inside a dwelling unit in his exclusive control unless said damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or his agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces; and

(7) Notify the landlord of the need for replacement of or repairs to a smoke detector. The landlord may require that this notification be in writing and the landlord need not repair a smoke detector unless the notification is in writing. The tenant is responsible for replacing the batteries in smoke detectors when the batteries expire during the term of the lease, unless the lease provides otherwise.

Of course, the tenant must pay the rent according to the terms of the lease. For a lease that provides that rent is due at a fixed time (for example, by the fifth of each month), the landlord cannot seek to evict the tenant until ten days after the landlord or his agent has requested that the tenant pay all rent that is past due. (The procedures for eviction are discussed below.) But if the lease provides for immediate eviction, the landlord may evict the tenant without delay.

If rent is due at a fixed time, the lease may provide for a late payment fee. The fee cannot exceed $15 or 5% of the payment that is due (whichever is greater) and the fee cannot be imposed unless the tenant pays the rent five days or more late.

 

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