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3 FIEM1111111 lop"* Orange County North Carolina Declaration of Tenants Rights and Obligations* As a tenant you have certain rights and obligations under North Carolina law. See N.C. Gen. Stat. §42-41 (2012). At its heart,North Carolina landlord-tenant law entitles you to safe, decent, and sanitary housing. It also requires you to pay rent and to maintain the premises that you are renting. The purpose of this Declaration of Tenants Rights and Obligations is to help you understand the scope of your rights and obligations. This listing of tenant rights and obligations is not exhaustive and should not be used as a substitute for legal advice in the event a dispute arises between you and your landlord. Rather, it functions as a basic overview of your rights and obligations as a tenant in Orange County,North Carolina. Knowledge of your rights is the first step in being able to exercise and enforce them. (See Resource List on last page. Always put complaints or requests for repairs in writing and keep a copy) TENANT RIGHTS 1. Lease A written lease is not required to establish a landlord tenant relationship under North Carolina law. The laws and protections that apply to tenants may apply to you even if you have an oral agreement with your landlord rather than a written lease. However,if you do have a written lease, the landlord must give you a full copy of the lease and provide you with time to review it before you sign it. 2. Security Deposit Amount of your security deposit- The landlord can require you to pay a security deposit. The amount of the security deposit cannot exceed: (i) two weeks rent if you are paying rent on a weekly basis; (ii) one and a half months rent if you pay rent on a monthly basis and(iii) two months rent if you pay rent for longer than a month(e.g.,you pay rent every two months or longer). See N.C. Gen. Stat. §42-51(2012). Location of your security deposit- The landlord must place your security deposit into a trust account with a licensed and insured North Carolina bank or savings institution. The landlord must inform you where your security deposit is being held within thirty(30) days of collecting your security deposit. See N.C.Gen. Stat. §42-50(2012). Return of the security deposit-When you move out, the landlord must return your security deposit to you within thirty(30) days,unless the landlord provides proof that the deposit is being used for a proper purpose such as: (i)repairing damages made to the unit other than reasonable wear and tear; (ii)rent that you owed but did not pay; (iii) any court costs the landlord had to pay if you were evicted and(iv)the cost of finding a new tenant if you left your apartment before the end of the lease. See N.C. Gen. Stat. § 42-52 (2012). Finally,if the landlord fails to return your security deposit or to explain why any portion of your security deposit is not being returned,you may bring a claim against the landlord in small claims court to recover your security deposit. See N.C. Gen. Stat. §42-55(2012) and see Resource Guide on last page. 3. Decent, Safe and Habitable Housing Tenant Rights- You have the right to decent, safe and sanitary housing in which the plumbing, electrical wiring,heating/cooling systems and smoke detectors work properly. See N.C. Gen. Stat. §§ 42-42(a)(4)—(5) (2012). You also have the right to housing in which the common areas that are used by all tenants such as the stairs,hallways and sidewalks are in a safe condition. See N.C. Gen. Stat. §42-42(a) (3) (2012)see Resource List on last page.