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Home Q&A Forum How to draft a fair rental agreement?

Landlord Tenant

Rental Agreement

North Carolina

Asked on Oct 6, 2023

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.

1 Attorney answer

Answer

Landlord Tenant

North Carolina

Answered 272 days ago

N'kia N.

ContractsCounsel verified

Business Lawyer
Licensed in North Carolina
Free Consultation

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.

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