Understanding Rent Gouging Laws in North Carolina

For renters in North Carolina, understanding your rights when it comes to rent increases can help you avoid unfair pricing and protect your home. While North Carolina does not have statewide rent control, there are laws and protections that apply in certain circumstances, especially during states of emergency. This article explains what qualifies as "rent gouging", how it is addressed under North Carolina law, and what steps you can take if you believe your rent increase is unlawful.

What Is Rent Gouging in North Carolina?

"Rent gouging" refers to a landlord charging excessive rent, typically during times of crisis, such as natural disasters or public emergencies. In North Carolina, there is no general cap on how much your landlord can raise your rent during normal times. However, special laws come into play when the state issues a declaration of emergency.

When Is Rent Gouging Illegal?

• During an officially declared state of emergency (such as after hurricanes or other disasters), North Carolina’s Price Gouging Law applies to rent as well as to goods and services.
• This law, under N.C. General Statute § 75-38, makes it illegal for landlords to raise rent prices to an "unreasonably excessive" amount during the emergency period.
• Outside of a declared emergency, landlords are generally allowed to set and raise rents as they see fit, with appropriate notice for periodic tenancies as detailed under the North Carolina Landlord-Tenant Act.

For example: If you are renting an apartment in an area that has experienced hurricane damage and the governor issues a state of emergency, your landlord cannot dramatically spike your rent during this time. If they do, they may be violating the price gouging law.

How Much Can My Landlord Raise the Rent?

In most situations in North Carolina, there are no legal limits on rent increases. Landlords must generally provide notice before raising rent on periodic leases:

• Week-to-week leases: 2 days' written notice
• Month-to-month leases: 7 days' written notice
• Yearly leases: 1 month's written notice

This notice requirement is found in N.C.G.S. § 42-14. However, if a price gouging ban is in effect, landlords may not exceed fair market rent or make "unreasonably excessive" increases.

Can I File a Complaint About Rent Gouging?

If you believe your landlord has engaged in rent gouging during a declared emergency, you have the right to file a complaint:

• The North Carolina Attorney General’s Office oversees investigations of alleged price gouging, including unlawful rent increases.
• Submit a complaint using the official Consumer Complaint Form (no number assigned).

Example: If your landlord doubles the rent right after a hurricane and the governor has declared a state of emergency, you can report this using the Attorney General's online complaint portal. Attach a copy of your notice and old and new lease agreements.

Official Forms and Where to File

• Consumer Complaint Form (NC Attorney General): Used to formally report rent gouging or excessive rent increases during emergencies to the state. Complete the form online or download and return by mail. File a Complaint Here.

There is currently no specific rent control appeal form or tribunal for residential rent increases outside of emergency conditions in North Carolina.

Who Handles Tenant-Landlord Disputes?

In North Carolina, the first place for official complaints related to landlord-tenant law (including rent and evictions) is your local District Court. Evictions, contract disputes, and lease violations are typically handled there. For emergency-related rent gouging, the Attorney General’s Office is the proper authority.

Frequently Asked Questions

1. Is rent gouging ever legal in North Carolina?
   Rent gouging is illegal only during officially declared emergencies. In normal times, North Carolina does not regulate rent increases but requires timely notice for any changes.
2. How do I know if a rent increase counts as "gouging"?
   If the rent is increased "unreasonably excessively" during an emergency declared by the governor, it is considered gouging under state law.
3. What should I include when filing a rent gouging complaint?
   Include copies of your lease, written notices, rental payment records, and any communication with your landlord.
4. Who can I contact for help with my specific rent situation?
   You can contact the Attorney General’s Office for emergency price gouging, or your local District Court for formal landlord-tenant disputes outside emergencies.
5. Are there any cities in North Carolina with rent control?
   No North Carolina cities have rent control ordinances. State law prohibits rent control except during emergencies.

Key Takeaways for North Carolina Renters

• Rent gouging protections apply only during declared states of emergency.
• During emergencies, landlords cannot raise rent to excessively high or unfair levels.
• Outside emergencies, landlords may raise rent, but must provide proper notice as required by the North Carolina Landlord-Tenant Act.
• If you suspect rent gouging, file a complaint with the NC Attorney General’s Office and keep thorough documentation of your situation.

Need Help? Resources for Renters

• NC Attorney General’s Office: Price Gouging — For rent gouging complaints during emergencies
• North Carolina District Courts: Housing/Evictions — For landlord-tenant disputes not involving rent gouging
• North Carolina Housing Coalition — Advocacy and rental support resources
• North Carolina Landlord-Tenant Law (N.C.G.S. Chapter 42) — Official legislation

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1. N.C. General Statute § 75-38 (Price Gouging Law)
2. N.C.G.S. Chapter 42 — North Carolina Landlord-Tenant Act
3. North Carolina District Court — Housing Disputes
4. Attorney General's Consumer Protection: Price Gouging

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