North Carolina Lease Disclosure Rules All Renters Should Know

Signing a lease is a big step for any renter in North Carolina. To ensure fairness and transparency, state law requires landlords to disclose certain details and share specific documents before or when you sign a residential lease. Knowing these required disclosures can help you avoid surprises about repairs, fees, or your rights during your tenancy.

What Landlords Must Disclose in North Carolina

North Carolina law sets clear rules for what landlords must tell renters at the start of a residential lease. These disclosures are meant to protect both parties and provide clarity about important issues such as safety, repairs, and legal rights.

1. Lead-Based Paint Disclosure

• Who it applies to: Any rental property built before 1978.
• What must be disclosed: Landlords must provide renters with the federal "Protect Your Family from Lead in Your Home" pamphlet, and fill out the Lead-Based Paint Disclosure Form (HUD Form).
• How it's used: This form is signed before you move in, confirming you've received information about possible lead hazards. For example, before renting a 1960s apartment, the landlord must complete this form and give you the EPA brochure.

2. Identity and Address of Landlord or Authorized Agent

• What must be disclosed: Name and address of the property owner or person authorized to manage the property—for service of process and official notices.
• Why it matters: This makes sure renters know who to contact for repairs, emergencies, or legal notices.

3. Security Deposit Details

• Where it's held: The landlord must disclose the name and address of the bank or institution where your security deposit is (or will be) held within 30 days of receiving it.
  Official Reference: North Carolina General Statutes § 42-50
• How it works: If you pay a security deposit at move-in, look for this required disclosure in your lease or expect to receive it within a month.

4. Disclosure of Pending Foreclosure

• What must be disclosed: Before accepting a security deposit or entering a rental agreement, landlords must tell potential renters if foreclosure proceedings have already started on the property.
  Official Reference: North Carolina General Statutes § 42-45.2
• Why it's important: This gives you notice that your future housing may be impacted by foreclosure.

5. Smoke or Carbon Monoxide Alarm Status

• Legal requirement: The landlord must install working smoke alarms (and carbon monoxide alarms where applicable) and disclose this. Tenants are obligated to notify landlords of problems as they happen.
  Learn more at the NC Department of Insurance – Alarm Safety page.

6. Mold or Other Environmental Disclosure

• Note: North Carolina does not specifically require mold disclosure by state law, but landlords must maintain habitable premises. Renters should review their lease for any additional written disclosures.

Official Forms Renters May See or Request

• Lead-Based Paint Disclosure (HUD Form 90640)
  When used: For any home built before 1978.
  How renters use it: Review the completed form before lease signing, and keep a copy for your records.
  See the HUD Disclosure Form
• Move-In/Move-Out Inspection Checklist
  Not required by law, but strongly recommended for documenting property condition at start and end of lease.
  Sample checklist from NC Department of Insurance

Which Agency Handles Rental Disputes in North Carolina?

Rental disputes may be handled by the local Small Claims Court in your county. For general tenant-landlord guidance or mediation, contact the North Carolina Department of Justice’s Consumer Protection Division.

The relevant tenancy legislation for renters in North Carolina is the North Carolina Landlord-Tenant Laws (NC General Statutes Chapter 42).

FAQ: Required Disclosures in NC Leases

1. Do all North Carolina rental properties require a lead-paint disclosure?
   Only if the property was built before 1978. Newer homes are exempt from this federal disclosure.
2. How do I know where my security deposit is held?
   Landlords must disclose the deposit’s location in writing within 30 days. Check your lease or ask your landlord for written confirmation.
3. What happens if my landlord does not tell me about a pending foreclosure?
   If your landlord fails to disclose a foreclosure in progress, you may have rights to terminate the lease early. Consider seeking legal advice or consulting state resources.
4. Can I request a copy of all disclosures?
   Yes. You have the right to request all relevant disclosures and should always keep copies for your records.
5. Is a move-in inspection form legally required?
   No, but it’s strongly recommended. It helps protect you from incorrect damage claims at move-out.

Key Takeaways for North Carolina Renters

• Landlords must provide specific disclosures—especially for lead, security deposits, and foreclosure.
• Always read your lease carefully, and request written confirmation when in doubt.
• State agencies and official forms help renters assert their rights if something is missing or unclear.

Need Help? Resources for Renters

• NC Department of Justice - Landlord/Tenant Rights & Complaints
• North Carolina Housing Coalition
• Full Text of NC Landlord-Tenant Law (Chapter 42)
• To file a legal claim about your lease, contact your local county small claims court.

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1. See: North Carolina General Statutes Chapter 42 – Landlord and Tenant
2. Required lead-based paint disclosures: EPA Lead Paint Disclosure Rules
3. Security deposit disclosure rules: G.S. 42-50
4. Disclosure of pending foreclosure: G.S. 42-45.2
5. For landlord-tenant complaints: NC DOJ Consumer Protection

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