Being a landlord comes with many responsibilities that start before you even get your first tenant. Whether you are trying to rent your house or buying a house to rent, you need to know about the city and state-specific requirements for renting out your house. Your home’s listing page is a renter’s first glimpse into what could be their future home, so you need to ensure your listing and rental are legally compliant.
Charlotte, NC, is a great place to have a rental because, despite being a large city, it has a welcoming atmosphere with a strong sense of community. There are plenty of rental properties in Charlotte, from apartments to townhomes. With such a large quantity of competition, thoroughly researching landlord laws helps you confidently navigate the rental process.
- Requirements for listing your house for rent in Charlotte
- Additional considerations when listing in Charlotte, NC
Requirements for Listing Your House for Rent in Charlotte
If you list your house for rent in Charlotte, you will find that you may not have to submit as many documents as other cities, but it still has laws and regulations. You must abide by laws regarding security deposits, housing codes, and zoning approval. The North Carolina General Statutes, North Carolina Private Landlord-Tenant Laws Overview, and the code of ordinances for the city of Charlotte are resources with the specific laws landlords need to know. The most important part to become familiar with in the North Carolina General Statutes is chapter 42, which includes the residential rental agreements. As all the laws and documents surrounding renting can be complex, the city has published a rental housing handbook for landlords and tenants.
Requirements for rentals in Charlotte
- Zoning approval/permit: You need to have two zoning permits, the Mecklenburg County Building Permit and the City of Charlotte LDIRL Permit. The city is divided into zoning districts that have specific regulations. If you have questions about the zoning process or what zoning permits you need, consult the Zoning Administration.
- Maintenance regulations and housing codes: landlords must ensure good living conditions for tenants by following the maintenance requirements and housing codes.
- Lead-based paint disclosure: landlords must disclose all known lead paint hazards and previous lead evaluation efforts and provide tenants with the EPA pamphlet Protect Your Family from Lead in Your Home.
- Security deposit regulations: North Carolina has rules regarding security deposits, including a limit on the amount, where it is being held, deadlines for returning it, and the permitted use of the deposit that landlords must follow.
Does Charlotte have rent control?
Charlotte does not have rent control as North Carolina prohibits any rent regulation. Even though there is no rent control, there are still guidelines on when landlords can raise rent. Landlords can’t raise the rent if it is during a lease’s fixed term (unless stated otherwise in the lease), if it is done in retaliation, or if it is applied in a discriminatory way.
Do you need a license to rent out your house in Charlotte?
You don’t need a rental license in Charlotte, but your property must comply with the city’s zoning regulations. This includes being in a zoning district that allows residential rental use. In terms of permits, both the Mecklenburg County Building Permit and the City of Charlotte LDIRL Permit are required.
While Charlotte does not require a rental license, if your property meets a certain level of disorderly activity, you may have to register your property with the Charlotte-Mecklenburg Police Department. You can also voluntarily register your property to receive email alerts for calls for service or incidents.
Is there a security deposit limit in Charlotte?
There are security deposit limits in North Carolina:
- Week-to-week lease security deposit maximum: two weeks’ rent
- Month-to-month lease security deposit maximum: one and one-half months’ rent
- Leases greater than monthly security deposit maximum: two months’ rent
Landlords must follow laws for the permitted use of security deposits, the deadline for returning them, and where the funds must be deposited.
Is your property in line with Charlotte housing codes?
To make sure your rental property is habitable, you need to follow Charlotte’s housing codes. The city highlights 13 issues that make a residence dangerous:
- Rotted, fire damaged, or insect damaged steps, flooring, or structural supports
- Fire hazard in a chimney that is in use
- Unsafe wiring
- Unsafe ceiling or roof
- No potable water supply
- No operable heating equipment during November through March
- No operable sanitary facilities
- Severe rate infestation where the place of habitation is not impervious to pests
- No operable smoke detector or alarm
- No safe, continuous, and unobstructed exit from the interior of the building to the exterior at street or grade level
- No access provided to all rooms within a dwelling unit without passing through a public space
- Any window or door providing access to any dwelling unit or rooming unit lacking an operable lock or the owner failing to provide a change of locks or keys to a new tenant of such dwelling unit or rooming unit
- No operable carbon monoxide detector or alarm
Additional Factors to Consider When Listing Your House in Charlotte, NC
To be legally compliant, Charlotte has several more laws that landlords need to be aware of. This includes laws involving fair housing, eviction, late fees, notice to vacate, and other tenant protections. By knowing and following all of Charlotte’s requirements for listing and renting, you can avoid any issues.
Does your Charlotte listing abide by Fair Housing Laws?
Fair housing laws are one of the most important regulations to know when creating a listing for your house. Classes designated in this act are protected from housing discrimination. This includes the following categories:
- Race
- Color
- Religion
- Sex
- National origin
- Disability
- Familial status
North Carolina also has the State Fair Housing Act to further ensure equal access to housing opportunities. This act is similar to the federal fair housing laws but customized to the state’s nuances.
Are you complying with eviction rules?
If you need to evict a tenant, you must follow the proper procedure or risk complications. North Carolina has an eviction process just like any other state. Landlords cannot perform self-help evictions and must obtain a court order before evicting a renter. There are four main reasons a landlord can evict a tenant:
- Non-payment of rent
- Holdover
- Breach of lease
- Criminal or drug activity
How much can landlords charge for late fees?
Late fees are allowed in North Carolina, but there are guidelines on charging them on top of knowing how to calculate and enforce them. Landlords in Charlotte can charge a late fee only if stated in the lease, the fee is charged after the 5th of the month, and the amount cannot exceed 5 percent of the rent.
What are the legal requirements for issuing a notice to vacate?
If the lease requires a notice to vacate, regardless if it is the tenant or the landlord seeking to stop the lease, proper notice must be given. While state law does not require a notice, if a notice is required in the lease but there are no guidelines, then the following notice period is required:
- Week-to-week lease: two days’ notice
- Month-to-month lease: seven days’ notice
- Year-to-year lease: one month notice
For instance, if there is a lease to rent a property for a specific time, ending on a specific date, then there is no legal requirement for a notice to terminate. However, if the lease allows automatic renewal, the party wanting to end must provide notice.
What are the key tenant protections landlords should know?
There are a variety of tenant protections to ensure fair treatment, habitable living conditions, and more. In North Carolina, tenants are protected from retaliatory actions when they act in good faith. There are instances when a landlord can still evict a tenant, even if proven retaliatory. Domestic violence victims also have protections under North Carolina law.
Create North Carolina Compliant Leases for Free on Apartments.com
When you lease with Apartments.com, you can generate a lease tailored to North Carolina state laws. It only takes a couple of minutes before it is ready to sign. You can customize the lease to our property with options to cover specifics like parking or a pet policy.
FAQ
How do I create a legally binding lease agreement?
In minutes, you can generate a fully customizable, state-compliant, legally binding rental lease agreement tailored to your property on Apartments.com. Once created, all signing can be done online to prevent mishaps. Managing your leases in one place on Apartments.com so you won’t have to dig through piles of paper.
Is it free to list a property on Apartments.com?
Listing a property on Apartments.com is free, with a premium option available for those who want a bit more, like a larger ad or the ability to add videos.
The information presented in this article is not a substitute for legal advice. Always consult an attorney for questions regarding your specific situation.
