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Raleigh, NC Rental Property Rules: Security Deposit Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Term lease deposit cap
2 months rent
Month-to-month cap
1.5 months rent
Itemization deadline
30 days post-move-out
Authority
NCGS §42-50 to §42-56

Summary

Raleigh landlords must follow North Carolina's Tenant Security Deposit Act, NCGS §42-50 through §42-56, which caps deposits by lease term, requires segregated trust accounts, and mandates itemized accounting within 30 days of lease termination.

§ 42-51. Permitted uses of the deposit.

(a) Security deposits for residential dwelling units shall be permitted only for the following:

(1) The tenant's possible nonpayment of rent and costs for water or sewer services provided pursuant to G.S. 62-110(g) and electric service pursuant to G.S. 62-110(h).

(2) Damage to the premises, including damage to or destruction of smoke alarms or carbon monoxide alarms.

(3) Damages as the result of the nonfulfillment of the rental period, except where the tenant terminated the rental agreement under G.S. 42-45, G.S. 42-45.1, or because the tenant was forced to leave the property because of the landlord's violation of Article 2A of Chapter 42 of the General Statutes or was constructively evicted by the landlord's violation of G.S. 42-42(a).

(4) Any unpaid bills that become a lien against the demised property due to the tenant's occupancy.

(5) The costs of re-renting the premises after breach by the tenant, including any reasonable fees or commissions paid by the landlord to a licensed real estate broker to re-rent the premises.

(6) The costs of removal and storage of the tenant's property after a summary ejectment proceeding.

(7) Court costs.

(8) Any fee permitted by G.S. 42-46.

(b) The security deposit shall not exceed an amount equal to two weeks' rent if a tenancy is week to week, one and one-half months' rent if a tenancy is month to month, and two months' rent for terms greater than month to month. These deposits must be fully accounted for by the landlord as set forth in G.S. 42-52.

Source: NC General StatutesView official code

Full Breakdown

Under NCGS §42-51, security deposits are capped at two weeks' rent for week-to-week tenancies, 1.5 months for month-to-month, and two months for term leases of two months or more. Pet deposits are non-refundable but separately disclosed. Landlords must hold deposits in a federally insured NC bank trust account or post a bond, and disclose the bank within 30 days. NCGS §42-52 requires written, itemized return of deductions within 30 days of move-out, extendable to 60 days when third-party damage estimates are pending.

Violations & Fines

Failure to provide timely accounting forfeits the right to keep any portion. Tenants may sue in small claims court to recover the full deposit plus reasonable attorney's fees.

Frequently Asked Questions

Can my Raleigh landlord ask for three months' deposit?
No. NCGS §42-51 caps term-lease security deposits at two months' rent. Pet deposits are separate but must be disclosed in writing and are typically non-refundable.
What if I never get my deposit back?
File suit in Wake County small claims court within three years. Successful tenants recover the full deposit plus court costs and may receive attorney's fees.

Sources & Official References

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