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NORTH CAROLINA RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT hereinafter known as the "Lease" is entered into this ____
day of ________________, 20____, by and between _______________________ with
mailing address at _____________________________________________________
hereinafter known as the "Landlord" and _____________________,
_____________________, _____________________ hereinafter known as the
"Tenant(s)."
WHEREAS, the Landlord desires to lease the Property defined herein under the terms
and conditions as set forth herein; and
WHEREAS, the Tenant(s) desires to lease the Property defined herein from the
Landlord under the terms and conditions set forth herein.
NOW THEREFORE, for and in consideration of the covenants and obligations
contained herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
PROPERTY. The Landlord owns property and improvements located
at________________________ __________________________________________
(hereinafter referred to as the "Property").
LEASE TERM. This Lease shall commence on ____ day of _______________________,
20____, and end on ____ day of _______________________, 20____ (hereinafter
referred to as the “Term”), unless otherwise terminated in accordance with the
provisions of the Lease. Upon the end of the Term, Tenant shall vacate the Property
and deliver the same to the Landlord unless:
the Lease is formally extended by the Landlord and the Tenant in a writing
signed by both parties; or
the Landlord willingly accepts Rent from the tenant for a period beyond the
original Term. Where the landlord accepts Rent for a period beyond the
original Term, without a formal extension agreed to in writing by both parties,
a month-to-month tenancy will be created.
RENT. The Tenant shall pay to Landlord the sum of $____________ per month
(hereinafter referred to as “Rent”) for the duration of the Term of the Lease. The Rent
shall be payable on or before every day of the month (hereinafter referred to as
the “Due Date”), notwithstanding that the said date falls on a weekend or holiday.
A. Late Rent. If Rent is not paid within ____ days of the Due Date, the Rent shall
be considered past due and a late fee of $____________ or ____ % of the
Rent past due shall be applied for every day Rent is late or occurrence
Rent is late.
B. Returned Checks. In the event that a check intended as payment for Rent is
dishonoured for whatever reason, the same shall be considered as Late Rent
with the late fee being payable on the same.
C. Application of payments. Whenever there are different sums owed by the
Tenant to the Landlord, any payment shall be applied first to those obligations
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other than rent including but not limited to association/community dues, Late
Fee, repairs chargeable to the Tenant, and other charges notwithstanding any
notations or specifications made by the Tenant on the application of any
payment paid to the landlord.
D. Rent Increases. The Rent payable shall not be increased or otherwise modified
during the Term of this Lease. Any increase in Rent shall only take effect after
the expiration of the Term provided in this Lease. Any increase in Rent to take
effect upon renewal or extension of the Term of this Lease must be preceded
by a - day notice of the same from the Landlord to the Tenant.
SECURITY DEPOSIT. The Tenant shall handover to the landlord the amount of
$____________ as Security Deposit upon the execution of this Lease (the “Security
Deposit”). The receipt of such Security Deposit is hereby acknowledged by the
Landlord who undertakes to hold the same in compliance applicable laws, rules and
regulations.
A. Deductions. Upon the termination of the Lease, the Landlord may deduct the
following from the Security Deposit:
Unpaid rent;
Late fees;
Unpaid utilities
Cost of repairs beyond ordinary wear and tear;
Cleaning fee in the amount of $ ;
Early Termination Fee
Brokerage fees
Others: .
B. Return. The Security Deposit or the balance thereof shall be returned by the
Landlord to the Tenant within days after the termination of the Lease or
in accordance with the applicable law on Security Deposit, whichever is
sooner. In the event that the Landlord shall make any allowable deduction, the
Landlord shall provide the tenant with an itemized list of all deductions made
specifying the amounts and the respective expenses to which the Security
Deposit or parts of it was applied.
C. Tenant’s Forwarding Address: Upon vacating the Property any and all notices,
communication and any other delivery may be made to the Tenant’s
forwarding address at:
.
USE OF PROPERTY. The Property as defined herein shall be for the sole and exclusive
use and occupation by the Tenant(s) and same’s exclusive family namely:
1. ;
2. ;
3. ;
4. ;
5. .
Any Guest(s) of the Tenant(s) shall not be allowed to stay beyond days without
the consent of the Landlord. The Property shall be used solely and exclusively as a
residence and single-family dwelling. The Property or any part of it shall not be used
for any business, profession, vocation or trade of any kind. The Tenant(s) undertake to
abide by any and all applicable laws, statutes and rules covering the Property.
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CONDITION. The Tenant stipulates that The Property has been examined and that
the Property is in good repair and is tenantable.
ASSIGNMENT. Under this Lease:
Subletting Not Allowed. The Tenant acknowledges that this Lease is not
transferrable and that the Tenant may not assign the Lease, any part of the Lease or
any of the rights or obligations herein. The tenant shall not sublet, sublease or
otherwise grant any other party any license or right in relation to the Property or this
Lease. Any license, assignment sublease or agreement in violation of this clause shall
be null and void with not legal force whatsoever.
Subletting Allowed. Tenant shall have the right to sublet and grant a license to
other individuals to use the Property or any part thereof with / without the prior
written consent of the Landlord. In the event the Tenant shall sublet the Property,
notice shall be given to the Landlord within ____ days of the SubTenant(s) name and
address. In the event the SubTenant(s) violates any portion of this Lease, all liability
shall be held against the Tenant.
ALTERATIONS AND IMPROVEMENTS. No alterations to or improvements on the
Property shall be made by the Tenant without prior express consent of the Landlord
to the same in writing.
A. Unauthorized Alterations or Improvements. In the event that the Tenant shall
undertake alterations or improvements relating to the Property in violation of
this section the same shall be considered a material breach of this Lease
putting the Tenant in default. The Landlord may, upon the Landlord’s
discretion, require the Tenant to undo the alterations or improvements and
restore the Property to the its condition prior to any unauthorized alteration or
improvement at the sole expense of the Tenant.
B. Ownership of Alterations and Improvements. In all cases of alterations,
improvements, changes, accessories and the like that cannot be removed from
the Property without destroying or otherwise deteriorating the Property or any
surface thereof shall, upon creation, become the Landlord’s property without
need for any further transfer, delivery or assignment thereof.
NON-DELIVERY OF POSSESSION. The Landlord shall deliver to the Tenant possession
of the Property on or before the commencement of the Term of this Lease. Delay in
the delivery of possession of the Property for any cause other than the fault or
negligence of the Landlord shall cause the abatement of the Rent until the date until
such time the possession is delivered. In any event, the possession of the Property
must be delivered no later than days after the commencement of the Term of
this Lease and the Tenant agrees to accept the same until such date despite the
delay. Failure of the landlord to deliver possession of the Property within this period,
shall automatically terminate the Lease. Upon such Termination, the Landlord shall
return to the Tenant the Security Deposit, any advance rent and other sums not
otherwise consumed on account of the Tenant never having occupied the Property
such as, but not limited to cleaning fees if already collected. Thereafter the Parties
shall have no further obligation to each other.
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HAZARDOUS MATERIALS. Tenant shall not keep on the Property any item of a
dangerous, flammable or explosive nature that might unreasonably increase the
danger of fire or explosion on the Property or that might be considered hazardous or
extra hazardous by any responsible insurance company.
UTILITIES. The Landlord shall provide the following utilities and services to the
Tenant(s):
_____________________________________________________________________. Any
other utilities or services not mentioned will be the responsibility of the Tenant(s).
MAINTENANCE, REPAIR, AND RULES. The maintenance of the Property, minor
repairs and servicing shall be the responsibility and sole expense of the Tenant,
including but not limited to HVAC/air-conditioning units, plumbing fixtures (e.g.
showers, bath tubs, toilets or sinks). For the entirety of the term of this Lease, the
Tenant shall keep the property clean and in good repair. The Tenant shall:
A. Comply with any and all rules or regulations covering the Property
including but not limited to local ordinances, health or safety codes, those
set forth in the Master Lease, and Condominium or Homeowner’s
associations, where applicable.
B. Dispose of any and all waste properly.
C. Not obstruct any structure intended for ingress, egress, passage or
otherwise providing some type of access to, from or through the property.
D. Keep all windows, balconies, railings and other fixtures or structures
visible from outside of the property free from laundry at all times.
E. Obtain consent of the Landlord prior to replacing or installing new deadbolts,
locks, hooks, doorknobs and the like
F. Refrain from all activities the will cause unreasonable loud noises or
otherwise unduly disturb neighbors and/or other residents.
PETS. Under this Lease:
Pets Allowed. The Tenant shall be allowed to have ____ pet(s) on the Property
consisting of Dogs Cats Fish Other _______________________ not weighing
more than ____ pounds. The Landlord shall administer a fee of $____________ per
pet on the Property. Landlord shall be held harmless in the event any of the Tenants
pets cause harm, injury, death, or sickness to another individual or animal. Tenant is
responsible and liable for any damage or required cleaning to the Property caused by
any authorized or unauthorized animal and for all costs Landlord may incur in
removing or causing any animal to be removed.
Pets Not Allowed. There shall be no animals permitted on the Property or in any
common areas UNLESS said pet is legally allowed under the law in regard to
assistance with a disability. Pets shall include, but not be limited to, any mammal,
reptile, bird, fish, rodents, or insects on the Property.
QUIET ENJOYMENT. The Landlord warrants that the Tenant shall have quiet and
peaceful enjoyment of the Property and hold the same free from molestation or
interference from the Landlord or any other person or entity whose claim to the
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Property comes from the Landlord, subject to the terms and conditions of this Lease
and compliance by the Tenant with the same.
INDEMNIFICATION. The Landlord shall not be liable for any injury to the Tenant(s) or
any other persons or property entering the Property occurring within the Property
during the Term of the Lease. Neither shall the Landlord be liable for any damage to
the structure within which the Property is located or any part thereof. The Tenant
hereby agrees to hold the Landlord harmless from and indemnify the Landlord for
any and all claims or damage not arising solely from the Landlord’s acts, omission,
fault or negligence.
DEFAULT. In the event that the Landlord breaches any of the terms and conditions of
this Lease or any applicable laws, rules or codes, the Tenant may avail of any of the
remedies available under the law. In the event that the Tenant breaches or fails to
comply with any of the terms and conditions of this Lease or any applicable laws,
rules or codes the Landlord shall afford the Tenant days to remedy or rectify the
same. This period shall commence on the day the Tenant receives Notice of such
breach or non-compliance with the request to rectify the same. If the Tenant fails to
comply or rectify the breach or if the breach cannot reasonably be rectified or
remedied, the Tenant shall be in default. Upon the Tenant’s default, the Landlord may
terminate the Lease by sending the notice of default and consequent termination of
the lease to the Tenant and thereafter recover possession of the Property.
ABANDONMENT. In the event that the Tenant(s) abandons the Property the Landlord
may declare the Lease terminated, recover possession of the Property, enter the
premises, remove the Tenant’s belongings and lease the same to another without
incurring any liability to the Tenant for doing the same. In the event of the
abandonment of the Property, the Landlord may recover from the Tenant unpaid rent
until the Property is leased to another person or otherwise occupied by the Landlord
or another under the Landlord’s right.
ATTORNEYS' FEES. In the event that Landlord should require the services of an
attorney, file a suit or resort to other procedures in order to compel the Tenant’s
compliance with the Tenant’s obligations, the terms of this Lease or other applicable
laws, rules or codes, the Tenant agrees to reimburse all expenses incurred by the
Landlord in doing the same.
COMPLIANCE WITH LAW. The Tenant undertakes to comply with any and all Federal
or state laws, municipal or county ordinances, rules, regulations, codes and all other
issuances from authorized government authorities respecting the Property and the
Tenant’s occupation and use thereof.
SEVERABILITY. Should and provision of this Lease be found, for whatever reason,
invalid or unenforceable, such nullity or unenforceability shall be limited to those
provisions. All other provisions herein not affected by such nullity or dependent on
such invalid or unenforceable provisions shall remain valid and binding and shall be
enforceable to the full extent allowed by law.
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BINDING EFFECT. The terms, obligations, conditions and covenants of this Lease shall
be binding on Tenant, the Landlord, their heirs, legal representatives and successors
in interest and shall inure to the benefit of the same.
MODIFICATION. The parties hereby agree that this document contains the entire
agreement between the parties and this Lease shall not be modified, changed,
altered, or amended in any way except through a written amendment signed by all
of the parties hereto.
NOTICE. All notices in relation to this Lease shall be delivered to the following
addresses:
To the Tenant at the address:
__________________________________________________________________________;
and
To Landlord at the address:
__________________________________________________________________________.
PARKING. The Landlord:
Shall provide ____ parking space(s) to the Tenant(s) for a fee of $____ to be paid
at the execution of this Lease on a monthly basis in addition to the rent. The
parking space(s) are described as: ____________________.
Shall not provide parking.
EARLY TERMINATION. The Tenant(s):
Shall have the right to terminate this Lease at any time by providing at least ____
days’ written notice to the Landlord along with an early termination fee of $____.
During the notice period for termination, the Tenant(s) will remain responsible for the
payment of rent.
Shall not have the right to terminate this Lease before the end of the Term.
SMOKING POLICY. Smoking on the Property is:
Permitted in the following areas: ____________________.
Prohibited on the Property.
DISPUTES. If a dispute arises during or after the term of this Lease between the
Landlord and Tenant(s), they shall agree to hold negotiations amongst themselves, in
"good faith", before any litigation.
RETALIATION. The Landlord is prohibited from making any type of retaliatory acts
against the Tenant(s) including but not limited to restricting access to the Property,
decreasing or cancelling services or utilities, failure to repair appliances or fixtures, or
any other type of activity that could be considered unjustified.
EQUAL HOUSING. If the Tenant(s) possesses any impairment, mental or physical, the
Landlord agrees to provide reasonable modifications to the Property in order to
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accommodate such impairments except in the case of modifications that would be
too difficult or too expensive for the Landlord to provide. The Tenant(s) are
encouraged disclose to the Landlord any impairment(s) that may be aided by
reasonable modifications to allow the parties to identify the most beneficial
modifications to the Property.
PROPERTY DEEMED UNINHABITABLE. If the Property is deemed uninhabitable due
to damage beyond reasonable repair the Tenant(s) will be able to terminate this
Lease by written notice to the Landlord. If said damage was due to the negligence of
the Tenant(s), the Tenant(s) shall be liable to the Landlord for all repairs and for the
loss of income due to restoring the property back to a livable condition in addition to
any other losses that can be proved by the Landlord.
LEAD-BASED PAINT DISCLOSURE. If the Property or any part of it was constructed
prior to 1978, the Landlord shall provide a disclosure of information on lead-based
paint and/or lead-based paint hazards, the receipt of the same in the form entitled
“LEAD-BASED PAINT DISCLOSURE” hereby acknowledged by the Tenant.
ENTIRE AGREEMENT. This Lease and, if any, attached documents are the complete
agreement between the Landlord and Tenant concerning the Property. There are no
oral agreements, understandings, promises, or representations between the Landlord
and Tenant affecting this Lease. All prior negotiations and understandings, if any,
between the parties hereto with respect to the Property shall be of no force or effect
and shall not be used to interpret this Lease. No modification or alteration to the
terms or conditions of this Lease shall be binding unless expressly agreed to by the
Landlord and the Tenant in a written instrument signed by both parties.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease in
multiple originals as of the undersigned date(s).
Landlord’s Signature ____________________________ Date _____________________
Print Name _______________________
Tenant’s Signature ____________________________ Date _____________________
Print Name _______________________
Tenant’s Signature ____________________________ Date _____________________
Print Name _______________________
Tenant’s Signature ____________________________ Date _____________________
Print Name _______________________
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REQUIRED LEASE DISCLOSURES &
ADDENDUMS IN NORTH CAROLINA
The following disclosures or addendums are either required for some or all residential
lease agreements in North Carolina.
1. Disclosure of Water Contaminants for rental units where the tenant pays the
landlord for water or sewage utilities.
2. Lead Based Paint Disclosure - for rental units built prior to 1978.
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DISCLOSURE OF WATER CONTAMINANTS
THIS AGREEMENT made and entered into between _____________________________,
“Landlord" and _______________________________, _____________________________,
_____________________________, and ____________________________, Tenant(s)”.
Tenant(s) is renting from Landlord the Property located at:
___________________________________________________________________________
___________________________________________________________________________
LANDLORD’S DISCLOSURE:
According to NC Gen Stat § 42-42 (2019), water contamination must be disclosed (if
water or sewage are charged to the tenant) to the best of Landlord’s ability.
Tenant is responsible for:
Water
Sewage
Neither
Landlord certifies that Property does does not contain a contaminant level that
exceeds the maximum level allowed by 10.130A.
CERTIFICATION OF ACCURACY
The following parties have reviewed the information above and certify, to the best of
their knowledge, that the information they have provided is true and accurate.
________________________________ ________________________________
Lessor Date Lessor Date
________________________________ ________________________________
Lessee Date Lessee Date
________________________________ ________________________________
Agent Date Agent Date
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DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-BASED
PAINT HAZARDS LEAD WARNING STATEMENT
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips,
and dust can pose health hazards if not managed properly. Lead exposure is
especially harmful to young children and pregnant women. Before renting pre-1978
housing, lessors must disclose the presence of known lead-based paint and/or lead-
based paint hazards in the dwelling. Lessees must also receive a federally approved
pamphlet on lead poisoning prevention.
Lessor’s Disclosure
a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii)
below):
i) ______ Known lead-based paint and/or lead-based paint hazards are
present in the housing (explain).
________________________________________________________________________
________________________________________________________________________
ii) _____ Lessor has no knowledge of lead-based paint and/or lead-based paint
hazards in the housing.
b) Records and reports available to the lessor (check (i) or (ii) below):
i) ______ Lessor has provided the lessee with all available records and reports
pertaining to lead-based paint and/or lead-based paint hazards in the
housing (list documents below).
________________________________________________________________________
________________________________________________________________________
ii) _____ Lessor has no reports or records pertaining to lead-based paint
and/or lead-based paint hazards in the housing.
Lessee’s Acknowledgment (initial)
c) ________ Lessee has received copies of all information listed above.
d) ________ Lessee has received the pamphlet Protect Your Family from Lead in Your
Home.
Agent’s Acknowledgment (initial)
e) ________ Agent has informed the lessor of the lessor’s obligations under 42 U.S.C.
4852d and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of
their knowledge, that the information they have provided is true and accurate.
________________________________ ________________________________
Lessor Date Lessor Date
________________________________ ________________________________
Lessee Date Lessee Date
________________________________ ________________________________
Agent Date Agent Date