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;
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(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
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(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.
