The North Carolina Residential Lease Agreement
The first step, after screening your tenant, is to make sure you have a solid North Carolina Residential Lease Agreement.
While you may be tempted to simply download a sample North Carolina lease agreement from the internet, but we would caution you against this.
Many times, the services you use will be generic.
In other words, they merely substitute the names of the state, and ignore the things that are necessary to have in a solid North Carolina lease.
At Linchpin Property Management, we are fortunate to have a CEO who is a licensed North Carolina attorney.
What this means is that you can rest assured that your lease will not only conform to the law, but it will also make sure your asset is protected.
As a landlord who is looking for a North Carolina residential lease agreement to manage your own property, we have provided you with a link at the end of this blog for you to download one that conforms to North Carolina residential lease agreement laws.
But first, let’s talk about some important considerations for your North Carolina lease agreement.
Tip 1 For your North Carolina Residential Lease Agreement: Make Sure You Have One.
Yes, this may seem simple, and almost common sense, but you would be surprised at the number of landlords who do not have lease agreements with their tenants.
This includes not only landlords who are renting on a month to month basis to tenants, but also landlords that are in yearly leases with tenants.
While there is no law in North Carolina which requires you to have a lease agreement, having something in writing makes it easier for you, especially when you have to go through the eviction process.
Just get your North Carolina residential lease agreement done, and get it done early.
Tip 2 For Your North Carolina Residential Lease Agreement: Make Sure You Conform to the Law.
Many things you may want to include in your North Carolina residential lease agreement may simply not comply with the law.
For instance, sometimes landlords don’t want pets on the property. This is ok. But you must also be cognizant of the fact that you cannot deny service animals and emotional support animals to a tenant.
This doesn’t mean, however, that a tenant can simply say the animal is an emotion support or service animal. The tenant also has an obligation to prove that the animal is used as such.
Be cautioned, however, there are questions that you can and cannot ask. So don’t get yourself in hot water.
You want to avoid discrimination claims in your screening and leasing process. This could be a nightmare
Tip 3 For Your North Carolina Residential Lease Agreement: You Can’t Write Too Much.
Well you actually could write too much, and could end up with a 100 page lease that no one wants to read.
But what we are saying is that you have to be as detailed as possible about what is allowed, what isn’t allowed, how rent is to be paid, late fees, etc.
When we talk to property owners who have tried to manage their own property, and are at a point where they are trying to evict a tenant, or collect damages, the first thing we ask them is what does your residential lease agreement say about it.
Often, the lease doesn’t mention the situation because it was copied from the internet.
At Linchpin Property Management, we make sure our leases not only conform to North Carolina Residential Lease Agreement law, but also have other favorable language for our property owners.
Tip 4 For your Residential Lease Agreement: Security Deposits
Your North Carolina Residential Lease Agreement should have language in in it concerning the tenant’s security deposit.
Security deposit law in North Carolina is not black and white. What we mean is you cannot simply put the security deposit into any bank account. And by all means don’t put it in your personal bank account.
The language in your residential lease agreement should include: where the security deposit is stored; how much the security deposit is; when the security deposit will be returned; and how money will be deducted from the security deposit.
We wrote an entire blog about North Carolina security deposits as they apply to North Carolina Residential Lease Agreements.
As a landlord, you must know how to handle security deposits in North Carolina.
While these are just a few of the concerns you should think about in your North Carolina Residential Lease Agreement, we have made the process easy for you.
Below, is the link to read more about residential lease agreements, and to download a sample lease agreement prepared by a licensed North Carolina attorney.
If you have any questions, please don’t hesitate to reach out to us.
We are here to help.
The Team at Linchpin Property Management.
The Pain in The Butt Disclaimer:
As always, information on this website is not intended to constitute legal advice, or the retention of our property management services, and is for general information purposes only.
Read our full disclaimer here: Legal Disclaimer
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