North Carolina Residential Leases

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Commonly Asked Questions about North Carolina Residential Leases

What is the residential rental agreement Act in NC?

The Residential Rental Agreements Act is set out in G.S. Chapter 42, Sections 38 to 44. This law, which was passed in 1977, re-wrote the common law to provide that landlords must maintain residential rental premises to be fit to live in, and to make clear that a tenants right to such housing cannot be waived.

What is the most popular type of lease?

Net leases A triple net lease, sometimes known as an NNN lease, is the most common type of commercial lease. A triple net lease is a lease whose monthly rent fee does not include operating expenses. Typical operating expenses include insurance, utilities, property taxes and maintenance costs.

What is the most common residential lease?

A fixed-term lease is the most traditional lease. Theyre called fixed term because tenants and landlords are agreeing to abide by the lease for a fixed amount of time, normally six to 14 months.

Do leases have to be recorded in North Carolina?

ing to North Carolina G.S. 47-18, a tenant who is leasing space for a term of more than three years should ensure that a memorandum of lease be executed and recorded in the office of the register of deeds in the county where the property is located.

Is there a lease law in NC?

If there is no written lease, or if the lease does not contain a notice provision, then North Carolina law allows you to terminate a year-to-year tenancy by giving notice to the landlord at least one month before the end of the year; a month-to-month tenancy by giving notice at least seven days before the end of the

What is the most typical lease for a residential rental?

The gross lease is MOST commonly used for residential leases.

Does a lease have to be in writing in North Carolina?

Unlike a contract to sell property, which must be in writing and signed by the parties, an oral agreement to lease property is legally enforceable unless the term of the lease exceeds 3 years, which would be very unusual for a residential tenancy.

Should you record a lease?

Let me say that again: if your lease has a term longer than three years, including options to renew or extend, then you need to have a memorandum of lease recorded.

What kind of lease is most common for residential properties?

In a gross lease, the tenant pays a fixed price for rent, and the landlord is responsible for all operating expenses. This is the type of lease most common for residential properties and multifamily real estate because it is considered tenant-friendly.