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The Residential Rental Agreements Act is set out in G.S. Chapter 42, Sections 38 to 44. This law, which was passed in 1977, re-wrote the common law to provide that landlords must maintain residential rental premises to be fit to live in, and to make clear that a tenant's right to such housing cannot be waived.
As a first concern, all leases should be in writing, even if the law does not require it. North Carolina's Statute of Frauds only requires that leases exceeding three years from the making need be in writing.
Ing to North Carolina G.S. § 47-18, a tenant who is leasing space for a term of more than three years should ensure that a memorandum of lease be executed and recorded in the office of the register of deeds in the county where the property is located.
Does a Lease have to be notarized in North Carolina? No. To be legally binding, a North Carolina Lease Agreement just needs to be signed by both parties. This means as long as the Landlord, or Lessor, and Tenant, or Lessee, have signed it, it is fully executed and legally binding.
Unlike a contract to sell property, which must be in writing and signed by the parties, an oral agreement to lease property is legally enforceable unless the term of the lease exceeds 3 years, which would be very unusual for a residential tenancy.
As a first concern, all leases should be in writing, even if the law does not require it. North Carolina's Statute of Frauds only requires that leases exceeding three years from the making need be in writing.
A North Carolina standard residential lease agreement is a fixed-term rental contract between a landlord and tenant. The tenant will pay rent on a monthly basis to the landlord to use the residential space until the end date stated in the lease.