SG Sunday: Read your lease carefully, North Carolina’s laws won’t protect you

As the air warms, stress builds for returning students to find housing for next year. NC State seems to have more and more competitive on-campus housing options every year as the apartments closest to Hillsborough Street get more expensive every year. Searching for an apartment and signing your first lease is never easy, but North Carolina’s laws don’t make it any easier. 

North Carolina remains a large landlord-friendly state, meaning property owners have a broad range of rights and renters have fewer protections than in renter-friendly states like Vermont and New York. On a basic level, landlords are required to keep the premises “fit and habitable” but there is no universal standard of what this means. 

Renters in North Carolina cannot withhold rent when their landlord refuses to make repairs. Maintenance problems are a major issue in houses rented to students after years of student living with wear and tear. If a repair isn’t made, renters’ only form of recourse is to go to small claims court, which is often too expensive for students. 

Some major issues like a broken AC unit or refrigerator qualify for abatement, which is a discount on rent to compensate for the reduced market value of the unit. The process to get an abatement can be tricky and, usually, a quick repair is preferred. 

Wear and tear on the unit also causes issues when it comes time to get your security deposit. Landlords are allowed to request up to two months' rent as a security deposit, which is used towards missed rental payments, junk removal or damage to the property. For multi-bedroom houses, it can total to be a significant amount of money.

A one-month rent security deposit is more common, so be cautious of a property charging closer to two. Disputes over security deposits must also be taken to small claims court. Tenants should document any existing damage in a list with photos to protect themselves from disputes with their landlord that prevent them from getting their deposit back. 

Last year, I rented from the notorious Charles Dennings who has posts warning students of his tactics going back years online. When my roommates and I moved in, there was broken furniture, trash and a layer of grime left in most of the apartment. When our lease ended and we left the unit in better condition than we found it, he tried to withhold $300 for cleaning. Once we showed pictures of the original state of the apartment and held our ground, we received our full deposits back. 

Getting out of a lease is also incredibly difficult unless you have a statutory reason to exit, like stalking. Cleanliness or disrepair is very hard to use as a reason for the exit. 

Subletting your apartment is a legal means to get out of your lease in North Carolina, but landlords are not required to allow it. Getting someone to take over your lease is incredibly useful, even if you love your apartment in case you study abroad, take an out-of-state internship, or want to go home for the summer. Be sure of what your landlord will allow before you sign a lease. 

Another right that landlords hold is to enter their property at any time without notice to the tenants, which can be a major invasion of privacy. The industry standard is to give residents 24 hours notice before entering. If you can, discuss expectations with your landlord for communication for both of you to avoid surprise visits. 

Student Legal Services offers great help to guide you through the off-campus rental process. They will review your lease for free if you contact their office and can offer advice if you have an issue after signing. 

While there are some predatory landlords and unhelpful laws in this state, if you go into your lease carefully, you can have a positive experience as a renter while we wait for legislation in North Carolina to catch up to what tenants need.