North Carolina Tenant Laws and Breaking a Lease

Breaking a Lease

• Private rental agreements can specify an early termination clause -- in other words, whether or not, and under what circumstances, the renter is allowed to move out before the lease is up. If there is no such clause, state law dictates that the landlord can retain the deposit. However, if the tenant's departure is to the landlord's violation of contractual terms (for example, failure to provide adequate water or heating), the landlord cannot keep the deposit.

Eviction

• A landlord cannot evict tenants from an apartment at will. He must first petition the courts. Once a suit is filed, the case comes before a magistrate, and each party can present a case. Nonpayment of rent, willful destruction of property, and remaining in an apartment after the lease has ended are all grounds for eviction.

Deposits

• Deposits must be returned to the renter if the renter breaks the lease in violation of the rental contract. Landlords may also make deductions for damages caused by tenants but must provide an itemized list of the damages within 30 days of the tenant's departure. Landlords cannot deduct from the deposit for "normal wear and tear."

Repairs

• Repairs related to ordinary wear and tear or unforeseen circumstances (such as weather) are the responsibility of the landlord. Tenants must make repairs "resulting from their own negligence or the negligence of their guests." North Carolina law gives a landlord a "reasonable" period of time to fix a problem brought to her attention by a renter. If a landlord refuses to make repairs, the tenant can take the issue to court, where the court can authorize rent withholding, compel the landlord to make the repairs, or free the renter from the legal obligations of the lease.