Contracts
Rental Agreement
North Carolina
How long is a typical rental agreement?
I am a landlord who is looking to rent out a property I own. I am in the process of drafting a rental agreement but I am unsure of the typical length of a rental agreement. I need to know how long a typical rental agreement is in order to ensure I am making a legally binding agreement.
Answers from 1 Lawyer
Answer
Contracts
North Carolina
N'kia N.
ContractsCounsel verified
May 9, 2023
In North Carolina, it is hard to identify a "typical" length of a property rental agreement. A one-year term is quite common for residential rental agreements. However, for commercial rental agreements, duration varies widely. For example, a lease agreement for a suite in a hair salon might be month-to-month while a lease agreement for a medical facility might be for ten years or longer. In and of itself, the length of a property rental agreement does not determine its validity; but it can certainly affect other aspects of the rental relationship. For example, duration might affect whether the rental agreement must be recorded, whether the landlord must have insurance, how much notice one party must give the other in specific circumstances, and even what happens when the lease expires. Once in effect, a faulty rental agreement can leave a landlord with fewer rights and more liability exposure than expected. It might not hurt to have a knowledgeable attorney review a proposed rental agreement before presenting it to a prospective tenant to sign.
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How to draft a fair rental agreement?
I recently moved to a new city and am looking to rent an apartment. I am unfamiliar with the laws and regulations around rental agreements in this area, and I want to make sure that I create a fair and legally binding agreement with my potential landlord. I want to make sure that both my rights and those of my landlord are protected.
N'kia N.
North Carolina General Statute 42 contains the North Carolina Residential Rental Act i.e. the landlord-tenant law. Generally, North Carolina landlord-tenant law requires that (1) a residential landlord keeps the property fit and habitable and (2) a residential tenant keeps the property safe and sanitary, pays the rental fee at the time and in the amount agreed upon, and follows (valid) agreed-upon rules. It also addresses other important issues like security deposit, late fee, required notice, termination, and eviction. One important aspect of the statute is that it does not allow a residential landlord to avoid or disclaim certain responsibilities simply by having a tenant agree in a rental agreement. Another important aspect of the statute is that it allows a residential tenant to recover money from a landlord who engages in certain particularly egregious conduct. It is important for a future residential tenant to know each party's rights and responsibilities before entering into a residential rental agreement. If you are considering signing a North Carolina residential lease, you are entitled to have an attorney review it and advise you before you sign.
Read 1 attorney answer>Landlord Tenant
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How to amend a rental agreement?
I am a tenant in an apartment that I have been renting for the past year. Recently, my landlord has asked me to sign a new rental agreement with updated terms and conditions. I would like to know the process for amending the agreement so that I can make sure all the terms are agreeable to both parties.
Merry K.
Speaking generally, if your agreement is a lease, neither the landlord nor tenant can amend it unless both parties agree (the same can be said for a completely new agreement). If it is a month to month agreement, if you don't sign, the landlord may be able to give you notice to vacate. What I would do is ask for a couple of days for review. Put your current agreement down with the proposed new agreeement down, side by side, and go through them together, paragraph by paragraph. At the same time, make notes about anything in the new agreement you don't like, and attempt to negotiate the terms with your landlord before signing. Please note that the WA State Residential Landlord Tenant law was modified in several ways by the WA State Legislature, effective a few months ago - this may be why your landlord is doing this. For example, a landlord now has 30 days to return a security deposit (or explain why he/she isn't); it was 21 before that, and 14 before that). To review the Landlord/Tenant Law at the same time, follow this link: https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 If you would like to hire me to help, I am not available until October 15th, I'm afraid - I'm on vacation at Yosemite.
Read 1 attorney answer>Landlord Tenant
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Who keeps the original rental agreement?
I am a tenant who recently signed a rental agreement with a landlord. I am curious as to who keeps the original agreement, as I was not given a copy of the agreement after signing. I would like to know if I am entitled to receive a copy of the document and who will be responsible for keeping the original agreement.
Merry K.
It is customary for the landlord to keep the original. WA State Law requires the landlord to give the tenant a copy: https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.065
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Are rental agreement templates reliable?
I recently signed a rental agreement that I found online. I was told that it was a legally binding document, but I am concerned that it may not be reliable because it was not drafted by a lawyer. I would like to know if rental agreement templates are reliable or if I should have the agreement reviewed by a lawyer.
Merry K.
A Washington State residential landlord/tenant template may or may not be reliable depending on who drafted it or provided it, whether or not it applies to a particular situation, and whether it is up to date (in 2023, WA State made several changes to the law). You can review the state law here: https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 However, some cities/counties have additional requirements and/or provisions that also must be followed. It would have been a good idea to have an attorney review the document BEFORE you signed it.
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Are there automatic renewals in rental agreements?
I am looking to rent a property and have read the rental agreement, however, I am unsure if there are any automatic renewals in the agreement. I have heard that sometimes rental agreements are set up to automatically renew after a certain period of time, but I am not sure if this is the case with my agreement. I am looking for clarity on whether or not the agreement I am signing includes any automatic renewals.
Merry K.
Residential month to month rental agreements and/or residential lease agreements often include terms regarding whether or not an agreement automatically renews. However, the Washington State Residential Landlord Tenant Law and/or ordinances in certain WA cities sometimes may provide the answer to your question. https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18
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