North Carolina Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

2 weeks' rent (week-to-week), 1.5 months (month-to-month), 2 months (longer terms).

Return deadline days

30 days

Itemization required

Yes

Source: N.C.G.S. §§ 42-51, 42-52

Late fees

Rule

Only when rent is 5 or more calendar days late; one fee per late payment, capped at the greater of $15 or 5% of the monthly rent (weekly rent: greater of $4 or 5%).

Source: N.C.G.S. § 42-46

Landlord entry

Notice

No statute; follow the lease.

Ending a month-to-month tenancy

Tenant

7 days

Landlord

7 days

Source: N.C.G.S. § 42-14

Rent increases

Rule

No statutory notice period beyond ending the tenancy.

Statewide rent control

No; local rent control is preempted (N.C.G.S. 42-14.1).

Source: N.C.G.S. § 42-14.1

Repairs & habitability

Rule

Landlord must keep the home fit and habitable; this duty cannot be waived.

Source: N.C.G.S. § 42-42

Retaliation

Rule

Retaliatory eviction is a defense when it follows a good-faith complaint or exercise of rights within 12 months.

Source: N.C.G.S. § 42-37.1

Clauses often unenforceable in North Carolina

• Waiver of the landlord's habitability duties (N.C.G.S. 42-42(b))
• Fees beyond those allowed by 42-46 (late fee caps, limited eviction fees)
• Deposit above the 42-51 limits