North Carolina Agreement for Lease of Residential Property

State:
Multi-State
Control #:
US-13378BG
Format:
Word; 
Rich Text
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Description

The agreement by which one party holds possession of the real property owned by another is a lease. The person who owns the real property is known as the lessor or landlord

The North Carolina Agreement for Lease of Residential Property is a legal document that outlines the terms and conditions of a leasing agreement between a landlord and tenant in the state of North Carolina. This agreement serves as a legally binding contract that protects both parties' rights and ensures a smooth tenancy period. The North Carolina Agreement for Lease of Residential Property contains various key elements, including the names and addresses of both the landlord and tenant, the property's address, and the term of the lease. The agreement specifies the duration of the tenancy, whether it is a fixed-term lease (typically for a year) or a month-to-month lease. Additionally, this agreement outlines the responsibilities and obligations of both the landlord and tenant. It covers essential details such as rent payment terms, security deposit amount and usage, maintenance and repairs, as well as rules regarding pets, smoking, and noise regulations. The agreement may also include provisions for utilities, late fees, early termination, or renewal options. Depending on specific circumstances, North Carolina provides different types of residential property lease agreements to cater to varying tenant and landlord needs. Some examples include: 1. Fixed-term Lease Agreement: This type of agreement specifies a fixed duration for the lease, typically for a year. It ensures stability for both the landlord and tenant and can be renewed upon expiration. 2. Month-to-Month Lease Agreement: This agreement allows for a more flexible tenancy arrangement, where either party can terminate the lease by providing a notice period of typically 30 days. It does not have a fixed end date and offers more freedom for those who may require shorter or uncertain lease periods. 3. Roommate Agreement: This type of lease agreement is suitable for individuals who wish to rent a property together, sharing the responsibilities and liabilities defined in the agreement. It specifies details such as rent division, included utilities, and shared areas. 4. Sublease Agreement: In circumstances where a tenant wishes to sublet their leased property to another individual, a sublease agreement is necessary. It outlines the terms and conditions for subletting, ensuring legal protections for all parties involved. It is essential for both landlords and tenants in North Carolina to understand and comply with the Agreement for Lease of Residential Property, as it establishes a clear understanding of each party's rights and responsibilities throughout the tenancy period. Seeking legal advice or utilizing professional lease agreement templates can help ensure that all relevant factors are addressed accurately and comprehensively.

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FAQ

As the name suggests, an agreement to lease is basically a promise. It is a contract between two parties (lessor and lessee), where the lessor agrees that they will, in the future, grant a lease to the lessee. A lease on the other hand is more formal and creates more than just contractual rights.

No, residential lease agreements do not need to be notarized in North Carolina. As long as the contract exists and both parties have agreed to it, it is legally binding and it does not have to be notarized. Of course, the landlord and tenant can agree to have the lease notarized if they wish, but it is not required.

The Residential Rental Agreements Act is set out in G.S. Chapter 42, Sections 38 to 44. This law, which was passed in 1977, re-wrote the common law to provide that landlords must maintain residential rental premises to be fit to live in, and to make clear that a tenant's right to such housing cannot be waived.

In North Carolina, the rental laws specify that if breaking the lease is justified, you only need to provide your landlord with a notice of your intent. Although when not justified, you may be liable for paying all the rent due for the remaining lease term.

No, a commercial lease does not need to be notarized in North Carolina in order for it to be considered legally binding; however, any party to the lease may choose to have the lease notarized if they so desire.

A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in North Carolina must follow specific procedures to end the tenancy.

The act must have occurred within three to six months prior to your decision to break the lease. In this case, you must serve the landlord a 30-day notice to break the lease. In North Carolina, you will only be responsible for paying rent up until then.

Ok, so, generally speaking, a lease in North Carolina should be in writing and should probably be recorded.

What should I include in a lease agreement?Terms. The lease should state the length of the agreement.Rent. The amount of rent and when it is due.Deposits and fees.The names of all tenants.Occupancy limits.Restrictions on disruptive activity.Pets.Maintenance and repairs.More items...

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North Carolina Agreement for Lease of Residential Property