N.C. Gen. Stat. § 42-46 caps residential late fees on monthly rent at $15 or 5% of the monthly rent, whichever is greater, and bars charging the fee until rent is at least five days late. The fee may be charged only once per late payment.
Under N.C. Gen. Stat. § 42-46, a late fee on a monthly residential tenancy may "not [] exceed fifteen dollars ($15.00) or five percent (5%) of the monthly rent, whichever is greater," and may be imposed only when rent is "five calendar days or more late, with the first day being the day after the rent was due." For weekly tenancies the cap is $4.00 or 5% of the weekly rent, whichever is greater. The statute states a late fee "may be imposed only one time for each late rental payment," so a landlord cannot stack or repeat the charge for the same overdue payment. The fee must also be disclosed in the rental agreement to be enforceable.
A late fee exceeding the § 42-46 cap, charged before the five-day grace period, or charged more than once for the same payment is unenforceable and may be recovered by the tenant in a civil action.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Fayetteville, NC
Fayetteville addresses barking dogs under the noise ordinance and animal control regulations. Dogs creating persistent noise that disturbs neighbors constitu...
Fayetteville, NC
Fayetteville regulates construction noise through the Municipal Code and building permit conditions. Construction is generally restricted during nighttime ho...
Fayetteville, NC
Fayetteville restricts heavy commercial vehicle parking in residential zones under the UDO. Semi-trucks and heavy equipment cannot be stored on residential p...
Fayetteville, NC
Fayetteville enforces standard street parking regulations including time limits in downtown areas, no-parking zones, and requirements to not obstruct traffic...
Fayetteville, NC
Fayetteville's Unified Development Ordinance regulates RV and boat storage in residential zones. These vehicles should be stored on private property, not on ...
Fayetteville, NC
Fayetteville limits residential fence heights under the Unified Development Ordinance: typically 4 feet in front yards and 6 feet in side and rear yards. Cor...
See how Fayetteville's late fees & grace periods rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.