How much can a landlord charge for late rent?
In North Carolina, a landlord can charge a late fee for rent that is not paid by the due date. The late fee must be reasonable and must not exceed 5 percent of the rent due. For example, if the rent is $1,000, the maximum late fee would be $50. The landlord must also give the tenant reasonable notice of their intent to charge a late fee, with the amount and date of the fee. In addition, the landlord must give the tenant an opportunity to pay the rent due before assessing the late fee. If the tenant pays the rent before the due date, the landlord is not allowed to charge a late fee. If the tenant is more than 5 days late with rent, the landlord may proceed with an eviction. However, the landlord cannot evict a tenant solely for being late on rent. If the tenant pays the rent within the 5-day period, the landlord must allow them to remain in the property and cannot proceed with the eviction. Finally, a landlord must also return any late fees paid by the tenant if the tenant pays the rent before the landlord proceeds with the eviction. This is because the landlord is not allowed to collect a late fee and evict the tenant for the same late rent payment.
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