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Free North Carolina Co-Signer
Guarantor Agreement Template

The guarantor (co-signer), the landlord the guaranty is given to, and the tenant whose lease it backs.

Last reviewed September 2026

Written by LawLease Editorial

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North Carolina Co-Signer Guarantor Agreement

This Co-Signer Guarantor Agreement is built with North Carolina as the governing state. These are the North Carolina landlord-tenant rules that most often bear on it, with the statute for each.

North Carolina rules at a glance

North Carolina rules for a Co-Signer Guarantor Agreement
Security deposit limit2 weeks’ rent (week-to-week) · 1.5 months’ (month-to-month) · 2 months’ (longer terms)N.C.G.S. §42-51
Deposit return30 days with an itemized statement; interim accounting at 30 and final at 60 days if damages can’t yet be fixedN.C.G.S. §42-52
Deposit locationName and address of the bank holding the trust account, or the bonding company, within 30 days after the lease term begins (§42-50).
Late feesOnly after rent is 5 days late; max $15 or 5% of monthly rent, whichever is greater — once per late paymentN.C.G.S. §42-46
Nonpayment10-day demand for past-due rent before forfeiture (unless the lease provides otherwise)N.C.G.S. §42-3

Security deposits in North Carolina

North Carolina caps the security deposit by the type of tenancy: two weeks’ rent for a week-to-week tenancy, one and one-half months’ rent for month-to-month, and two months’ rent for any term longer than month-to-month (§42-51). A landlord may also charge a reasonable non-refundable pet fee (§42-53). No interest is owed on deposits.

  • Trust account or bond — The deposit must be held in a trust account with a licensed, federally insured depository institution or trust institution authorized to do business in North Carolina, or the landlord may instead furnish a bond from an insurer licensed in the state (an out-of-state trust account requires a bond). Within 30 days after the lease term begins, the tenant must be told the name and address of the bank or the bonding company (§42-50).
  • Permitted uses — Unpaid rent; unpaid water, sewer and electric charges; damage beyond normal wear and tear (including to smoke and carbon monoxide alarms); damages for leaving before the term ends — unless the tenant lawfully terminated or was constructively evicted; unpaid bills that become a lien on the property; reasonable re-renting costs, including a licensed broker’s fee; and the cost of removing and storing property after a summary ejectment (§42-51).
  • Return — Within 30 days after the tenancy ends and possession is delivered, the landlord must mail or deliver an itemized list of any damage along with the balance. If the claim can’t be determined in 30 days, an interim accounting is due at 30 days and a final accounting within 60 (§42-52).
  • Wear and tear — Normal wear and tear can never be deducted, and the landlord can’t keep more than actual damages (§42-52).
  • Willful violations — A landlord’s willful failure to follow the deposit, bond or notice rules voids its right to keep any part of the deposit, and the court may award the tenant attorney’s fees (§42-55).

Rent, late fees & other charges

  • Late fees — A late fee may be charged only once rent is five or more days late. For monthly rent the cap is $15 or 5% of the monthly rent, whichever is greater; for weekly rent, $4 or 5% of the weekly rent. Only one late fee may be charged per late payment — no daily stacking — and it can’t be deducted from a later payment to make that payment late (§42-46).
  • Eviction-related fees — The lease may provide for one of three statutory fees tied to a summary ejectment case — a complaint-filing fee, a court-appearance fee (up to 10% of monthly rent) or a second-trial fee (up to 12%) — each only in the circumstances §42-46 sets out.
  • Renter’s insurance — Under a 2025 amendment, a lease that requires renter’s insurance can’t require the tenant to buy it from a designated carrier or agent (§42-46(l)).
  • Rent increases — North Carolina sets no rent-increase notice period. Rent is fixed for a lease’s term unless the lease says otherwise; for a periodic tenancy, a change in rent effectively requires ending the current tenancy with the §42-14 notice for that tenancy.
  • Rent control — No city or county may regulate the amount of rent charged for privately owned residential property (§42-14.1).

Ending a North Carolina tenancy

North Carolina’s notice periods are much shorter than most states’ — a common trap for landlords using out-of-state templates that assume 30 days.

Notice to quit for a North Carolina tenancy with no fixed end date (§42-14)
Week-to-week2 days
Month-to-month7 days
Year-to-year1 month before the end of the current year
Manufactured-home space only60 days before the end of the rental period
  • Nonpayment — Unless the lease provides otherwise, the term is forfeited only if the tenant fails to pay within 10 days after the landlord demands all past-due rent (§42-3). The landlord then files for summary ejectment before a magistrate.
  • Domestic violence — A tenant who is a protected victim of domestic violence, sexual assault or stalking may end the lease with 30 days’ written notice, a qualifying court order or Address Confidentiality Program card, and a safety plan; only prorated rent is owed (§42-45.1).
  • Military — Servicemembers can end a lease early under the federal Servicemembers Civil Relief Act (50 U.S.C. §3955). North Carolina’s own statute covers military technicians with permanent change-of-station orders 50+ miles away, a 90-day-plus deployment, or a premature discharge; liquidated damages are limited to one month’s rent (under six months completed) or half a month’s (six to nine months) (§42-45).
  • No self-help — A residential tenant may be removed only through the court process in Chapter 42 — not by lockout or utility shutoff (§42-25.6).

Required disclosures in North Carolina

North Carolina requires few state-specific lease disclosures for ordinary long-term rentals — there is no general mold, bedbug, radon or flood notice.

  • Deposit location — Name and address of the bank holding the trust account, or the bonding company, within 30 days after the lease term begins (§42-50).
  • Lead-based paint — Federal lead warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).
  • Water quality — A landlord who charges tenants for water or sewer service and knows the water exceeds a State maximum contaminant level must notify tenants (§42-42(a)(6)).

North Carolina Co-Signer Guarantor Agreement FAQs

How much can a landlord charge for a security deposit in North Carolina?

It depends on the tenancy: up to two weeks’ rent for week-to-week, one and one-half months’ rent for month-to-month, and two months’ rent for any longer term (N.C.G.S. §42-51). A reasonable non-refundable pet fee may be charged on top (§42-53).

How long does a landlord have to return a security deposit in North Carolina?

30 days after the tenancy ends and possession is returned, with an itemized list of any deductions. If damages can’t be determined in time, the landlord sends an interim accounting within 30 days and a final one within 60 (N.C.G.S. §42-52). A willful violation voids the landlord’s right to keep any of it (§42-55).

What is the maximum late fee in North Carolina?

For monthly rent, $15 or 5% of the monthly rent, whichever is greater — and only after rent is five or more days late. For weekly rent, $4 or 5%. Only one late fee may be charged per late payment (N.C.G.S. §42-46).

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