Skip to main content

North Carolina required lease disclosures: tell the tenant where the deposit sits and put every charge in writing

North Carolina's main mandatory disclosure is about the deposit. G.S. 42-50 says that within 30 days after the lease term begins, you must tell the tenant the name and address of the bank or institution where the deposit sits, or the name of the bond company. Utility charges and late fees are different: they are allowed only on terms the written lease supplies.

What does G.S. 42-50 require?

Security deposits from the tenant "shall be deposited in a trust account with a licensed and federally insured depository institution or a trust institution authorized to do business in this State," or the landlord may furnish a bond from an insurance company licensed in North Carolina. A trust account outside the state is allowed only if you give the tenant an adequate bond in the amount of the deposits. "The landlord or the landlord's agent shall notify the tenant within 30 days after the beginning of the lease term of the name and address of the bank or institution where the tenant's deposit is currently located or the name of the insurance company providing the bond."

Example a made-up Raleigh owner starts a lease on September 1 with a $1,100 deposit. The written notice of the bank's name and address has to go out by October 1, which is 30 days after the lease term begins.

Can you bill for water or other utilities?

G.S. 42-42.1(a) says a lessor may charge for water or sewer, electric service, natural gas, or electricity or gas used by a central system only "pursuant to a written rental agreement," and then under the cross-referenced utility statutes in G.S. 62-110. The statute also forbids disconnecting or ending utility service because the tenant has not paid the amount due (subsection b). So the lease must say what is billed and how.

How do late fees and pet fees relate to the lease?

G.S. 42-46(a) allows a late fee in residential agreements with a fixed date for rent, "to be chargeable only if any rental payment is five calendar days or more late." For monthly rent, the fee may not exceed $15 or five percent of the monthly rent, whichever is greater, and it can be imposed only once for each late payment (b). The parties "may agree" to the fee, which means it belongs in the lease. For pets, G.S. 42-53 lets a landlord charge a reasonable, nonrefundable fee for pets kept on the premises, so describe any pet fee and any pet deposit separately in writing.

What else is worth putting in writing?

Searching Articles 5 and 6 of Chapter 42, I did not find a mold, radon, flood or smoking disclosure mandated by statute, and no statement-of-rights form. Federal law still applies: for covered older housing, 42 U.S.C. 4852d requires the lessor to provide the EPA lead pamphlet and disclose known lead-based paint or hazards before the lessee is obligated.

A short habit helps here: keep the deposit notice and the signed lease in the same file, so you can show the date the notice went out. A notice you cannot date is hard to prove if the tenant later disputes the deposit.

  • Name the landlord or agent and the address for notices.
  • State the deposit amount and where it is held, in the lease or the 30-day notice.
  • List utilities and any billing method in the lease.
  • State late fee and pet fee amounts separately.

How DoorKeeping helps in North Carolina

DoorKeeping keeps the lease, the move-in report and the deposit details together for each unit, so you can ask Claude or ChatGPT which disclosures a lease is missing before you send it. Anything that goes to a tenant waits for your one-tap approval. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.

Sources

  1. North Carolina General Statutes 42-50, Deposits from the tenant (North Carolina General Assembly), read Oct 30, 2026
  2. North Carolina General Statutes Chapter 42, Article 5, including 42-42.1 and 42-46 (North Carolina General Assembly), read Oct 30, 2026
  3. 42 U.S. Code 4852d, Disclosure of information concerning lead upon transfer of residential property (Cornell Legal Information Institute), read Oct 30, 2026

Questions

When must a North Carolina landlord disclose where the deposit is held?
Within 30 days after the beginning of the lease term, by naming the bank or institution and its address, or the bond company (G.S. 42-50).
Can a North Carolina landlord bill for water?
Only pursuant to a written rental agreement and under the utility statutes cross-referenced in G.S. 42-42.1.
Does North Carolina require a mold disclosure?
The articles read for this post contain none.