This agreement shall be formed between , Tenant(s) and , Landlord (Premises Owner) for the premises known as:
The Tenant shall have access to the following:
This premises is operated under the authority of the Landlord by the following Property Management Company (hereinafter "Agent"): . Any notices, demands, requests, and other communications should be directed in writing to the Agent.
This lease shall commence with Tenant taking possession on and shall run:
The lease shall terminate if proper notice is given at 11:59 PM on .
If either party wishes to renew, the Landlord shall provide written notice at least days in advance of the termination date. If advance notice is not delivered, the parties shall form a new tenancy in the form of a to under the same rental rate. If either party does not wish to renew, notice of non-renewal must be delivered at least days prior to the termination date. Landlord may elect to renew or not renew with or without cause.
If the Tenant (except those protected by statute) elects early termination, the Tenant stipulates to a one-time payment of $ in certified funds to Landlord or Agent, with written notice delivered at least days prior to the requested early termination date.
Rent is due in the amount of $ to be paid on the first of the month without demand or notice.
If rent is paid after the 5th of the month, the Tenant shall deliver (if Landlord accepts) the full rental amount plus a late fee of $15 or 5% of the rent amount, whichever is greater.
If Tenant tenders payment returned for insufficient funds, an additional charge of $25.00 applies. The rent tendered shall be deemed unpaid and all lease remedies remain in effect.
The Tenant shall deposit prior to lease commencement a Security Deposit of $, held until the end of the lease at the following location in trust: . The Landlord may place the deposit in an interest-bearing account at their discretion.
If Landlord files for Summary Ejectment / Complaint for Money Owed, the Landlord may seek one of the following:
- Complaint Filing Fee: $96 or 5% of the rental payment (whichever is higher)
- Court Appearance Fee: 10% of the rental payment
- Second Trial Fee: 12% of the rental payment
The Landlord shall allow the following persons to occupy the premises as residents. Unauthorized occupants (excluding children under 18) constitute a breach per Section 24. An occupant is defined as the spouse and immediate minor children of the signing Tenant. A guest is anyone not a party to this agreement who stays more than 7 consecutive nights. To add an occupant (non-family member over 18), Tenant shall request in writing at least 7 days prior; Landlord has sole discretion.
Authorized Occupants:
If the Tenant moves in on a date other than the 1st, rent shall be pro-rated based on the number of days in the month divided by the total monthly rent. This amount is due upon signature. Failure to tender invalidates the lease. Pro-rated first month's rent: $ (if applicable).
The Tenant agrees to the following obligations, binding upon Tenant, guests, and all authorized occupants unless waived in writing by the Landlord:
- Use the premises for residential purposes only; do not cause nuisance, destruction, or unsafe conditions to the premises or neighboring properties.
- Do not permit guests, occupants, or visitors to engage in or facilitate criminal activity, including in the immediate vicinity.
- Keep all plumbing, appliances, fixtures, and amenities in good working condition; promptly notify the Landlord in writing of necessary repairs.
- Perform cleaning and necessary maintenance to maintain health and safety, preventing infestations or hazardous conditions.
- Dispose of all trash, rubbish, recycling, and bulk items per the jurisdiction's weekly pickup schedule.
- Use all electric, gas, and appliance fixtures safely; change air filters every 3 months (AC) and promptly report concerns to the Landlord.
- Do not deliberately or negligently destroy, deface, damage, or remove any part of the Premises, nor permit any person to do so.
- Be responsible for all damage within the Tenant's exclusive control, unless caused by ordinary wear and tear, acts of the Landlord/Agent, defective products, non-invitee third parties, or natural forces.
- Maintain timely payments and place in the Tenant's name all utilities as follows:
Utility Landlord Tenant Electric Gas Cable Water Lawn Care Trash / Recycling - Maintain the residence and utilities during the rental term; notify Landlord of any extended absences over 10 consecutive days.
- Permit the Landlord to schedule inspections, viewings, or entry with at least 24 hours' notice if the premises is being sold.
- Do not smoke cigars, cigarettes, pipes, or use other odor/smoke-producing products inside the premises.
- Notify the Landlord of any imminently dangerous conditions within 12 hours of discovery (in writing or by phone).
- Maintain current registration of all vehicles and remove nonoperational vehicles.
- Be responsible for pest control and rodent removal; may contract removal only with express written Landlord permission.
- Other obligations specific to the premises:
Unless otherwise agreed in writing, the Landlord shall:
- Comply with all local housing ordinances and laws; maintain the premises in a safe and habitable condition per NC GS 42-42.
- Maintain common areas (if applicable), ensuring all hazards are remedied.
- Promptly repair all facilities and appliances furnished by the Landlord (electrical, plumbing, sanitary, HVAC), provided written notification is received (except in emergencies).
- Within a reasonable period based on severity, repair or remedy any imminently dangerous condition. Landlord may recover from Tenant costs of repairs that are the Tenant's fault.
Per NC GS § 42-42, the Landlord shall provide operable smoke alarms (battery or electrical). If the Premises has a fossil-fuel burning heater, appliance, fireplace, or attached garage, at least one carbon monoxide alarm per level is required. Tenant must notify the Landlord in writing of needed replacement/repairs; Landlord shall respond within 2 days. Landlord ensures all alarms are operable and batteries are new at the start of the tenancy. Tenant is responsible for ongoing battery upkeep, testing, and replacement.
If the Landlord becomes aware of extended absences, full removal of personal property, or other events indicating abandonment, the Landlord may reenter and relet the premises by posting a notice on the door requesting a written status on occupancy within 10 days. If no response is received, the premises shall be considered vacant. Personal items will be placed in storage for 30 days; storage costs deducted from the deposit as necessary.
All Tenants, guests, visitors, and authorized occupants shall follow all rules regarding occupancy and use. Changes require 30 days' written notice, effective on the 31st day. Premises-specific rules shall be delivered as an addendum signed by both parties. If the community is controlled by an HOA, the Landlord shall furnish covenants at least 7 days prior to occupancy.
Landlord may enter during reasonable hours (9 AM – 5 PM) for:
- Inspecting for health, safety, and compliance with Tenant obligations.
- Making necessary repairs for a fit and habitable premises.
- Posting "For Rent" or "For Sale" signs after providing notice.
- Showing the premises if "For Sale" — at least 24 hours' notice required.
- Emergency entry for immediate repairs to prevent imminent threats to health/safety or significant damage.
If the Tenant is responsible for damages outside of ordinary wear and tear, the repair cost shall be added to the Tenant's next monthly rent and treated as rent due.
Tenant may not make repairs without express written permission and may not deduct/offset such costs. If authorized, the Landlord shall provide written authorization only after receiving vendor information, approximate cost, and a Scope of Work report.
No animals or pets of any kind are permitted unless Landlord provides express written permission and a written Pet Addendum. "Pets" includes dogs, cats, reptiles, birds, aquatic animals, rodents, and any other species. Unauthorized pets result in a fine of no less than $ per pet, added to monthly rent. Failure to remove the pet constitutes a material breach per Section 24.
Tenant shall not paint, mark, drive nails/screws into, or permanently alter any part of the Premises. Temporary decorations (thumbtacks, Command Strips, etc.) are permitted with reasonable care and repair at lease termination. Tenant may not alter security features (keypad entry, locks, alarms) without express written consent (except under Domestic Violence/Stalking provisions). If approved, keys must be provided to Landlord within 24 hours. Any alteration becoming a permanent fixture becomes Landlord property; Tenant may not offset rent or expect return of value.
Tenant acknowledges the Landlord relied upon the Rental Application as inducement for this Lease. If any stated facts prove untrue (employment, proof of funds, background check, eviction history, etc.), the Landlord may terminate and collect damages. Landlord may declare default without additional notice upon discovering a misrepresentation.
It shall constitute a breach if Tenant fails to: (1) pay the full amount of rent when due; or (2) perform any other promise, duty, or obligation and such failure continues for 3 days from the date of written notice. Criminal Activity (Section 36) is not subject to a notice to cure; summary ejectment may proceed promptly.
The Landlord may, at its option and with or without notice, terminate this lease or terminate the Tenant's right to possession without terminating this lease.
Landlord's Right to Possession: Tenant shall peacefully surrender possession immediately upon demand. If Tenant refuses, Landlord shall retake possession only through summary ejectment per Article 2A, Chapter 42, NC General Statutes.
Fees/Costs of Summary Ejectment (NC GS §42-46): (i) court filing fees, (ii) service of process costs, (iii) relevant Complaint-Filing / Court Appearance / Second Trial Fee, and (iv) reasonable attorneys' fees not to exceed 15% of the amount owed or 15% of monthly rent.
Acceptance of Partial Rent: Does not waive breach or limit eviction rights. Termination of Lease: All rights/duties terminate; Landlord may collect accrued unpaid rents and damages. Termination of Possession Only: Tenant remains liable; Landlord shall use reasonable efforts to re-let. Tenant is liable for any deficiency.
No default by the Landlord shall constitute a material breach until the Tenant notifies in writing and affords reasonable time to cure. Tenant has no right to terminate or suspend performance for such default. Defective conditions related to recreational facilities shall not constitute a material breach. Tenant's damages are limited to the difference between rent reserved and reasonable rental value; no consequential damages except in cases of willful or wanton negligence.
If any bankruptcy or insolvency proceedings are filed by or against the Tenant, or if the Tenant makes an assignment for the benefit of creditors, the Landlord may immediately terminate this Tenancy, subject to the Bankruptcy Code (11 USC § 101 et seq.).
Tenant must obtain renters' insurance at least 48 hours before lease commencement and maintain it throughout the tenancy. Tenant shall provide receipt/confirmation and name the Landlord as additional insured. If the policy terminates, Tenant must inform Landlord within 48 hours and reinstate or secure a new policy within 48 hours. Failure to maintain insurance constitutes a default.
Tenant shall not hold Landlord responsible for damages, destruction, or loss of personal property regardless of cause, except for willful or grossly negligent acts. Tenant waives the right to seek damages for personal injuries or medical bills unless caused by intentional or grossly negligent acts.
The Landlord may engage a third party ("Agent") to manage the Premises. The parties agree: (1) Agent acts for and represents Landlord; (2) Agent has only such authority as provided in the management contract; (3) Agent may perform any obligation or exercise any right of the Landlord; (4) Tenant shall pay rents to Agent if directed; (5) Agent shall not be liable for Landlord's nonperformance except as provided by law; (6) the management contract may be modified at any time; (7) Landlord may remove Agent authority or terminate the agency with written notice to Tenant no later than 5 days after any transition.
If any law enacted after signing conflicts with a provision of this lease, that provision shall be deemed unenforceable. All unaffected provisions survive; Tenant is not released from other obligations.
If the premises is condemned, severely damaged, or if: (1) extensive rehabilitation would leave Tenant without utilities for more than 5 days; (2) mold requires extensive remediation; or (3) any condition requires alternative housing for more than 7 days — the Landlord may terminate the agreement in 30 days with written notice. Tenant will receive the security deposit per NC GS 42-50 and pro-rata rent reimbursement as applicable. Failure to vacate entitles Landlord to holdover summary ejectment.
Waiver of any provision, including acceptance of partial rent, shall not waive a future breach. Landlord may continue summary ejectment proceedings until all outstanding rent, court costs, and fees are satisfied.
If more than one party over 18 signs as Tenant, all parties shall be jointly and severally liable for breaches, monies owed, and other enforcement actions.
Tenant shall not sublet or assign interest without express written permission delivered at least 10 days prior. If authorized: Subletting fee: $ Assignment fee: $
Tenant may inspect and provide a list of necessary repairs in writing no later than 48 hours after delivery of possession. Appliances are warranted "AS IS" except where repairs are necessary for habitability and basic function.
Tenant, guests, and authorized occupants shall refrain from smoking cigarettes, vaping products, cigars, pipes, or other substances in any internal area. Tenant is responsible for prompt removal of smoking-related debris from common areas and designated smoking areas.
Resident and any member of the household, guests, or other persons on the premises with consent shall not: (1) engage in criminal activity, including drug-related criminal activity; (2) engage in any act intended to facilitate criminal activity on or about the premises; (3) permit the dwelling to be used for criminal activity; (4) engage in unlawful manufacturing, selling, using, storing, or giving of a controlled substance; (5) engage in illegal activity including prostitution, gang activity, threatening/intimidating assault, unlawful discharge of firearms, or any breach jeopardizing health, safety, and welfare.
All notices shall be delivered via certified mail and/or designated email address. Notices become effective upon the date of deposit or sending.
Tenant shall take the following steps upon move-out or termination:
- Remove all personal items except fixtures provided by Landlord.
- Satisfy all outstanding utility bills and terminate responsibility promptly after a move-out inspection.
- Make all reasonable repairs to restore the premises, including professional carpet cleaning. Failure to provide carpet cleaning: $300 deduction from security deposit.
- Return all keys, garage door openers, pool passes, and other access devices.
- Provide a forwarding address within 10 days of move-out for security deposit disposition per NC GS 42-50.
- Mop floors, sweep all areas, clean appliances, bathrooms, laundry room, and leave adjacent areas free of trash and debris.
- If moving on a designated trash pickup day, place containers at the street for removal.
The parties mutually waive the right to a jury trial. Any legal action (outside of summary ejectment) shall be filed within the laws of North Carolina in the following county: .
This Agreement contains the entire agreement of the parties. All changes must be in writing and signed by all parties. Handwritten marginal notes shall be deemed incorporated and take precedence over typed language.