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North Carolina Clause Providing for the Periodic Increase in the Tenant Security to Reflect Increases in Base Rent

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US-OL4A012A
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Description

This office lease clause states that the amount of the security deposit shall be increased to reflect the increase in Base Rent. The Owner shall at all times have and maintain two full months' Base Rent as security.

The North Carolina Clause Providing for the Periodic Increase in the Tenant Security to Reflect Increases in Base Rent is a specific clause included in rental agreements in North Carolina. This clause is essential to ensure the landlord's protection and compliance with state laws regarding rent increases and security deposits. The primary purpose of this clause is to allow the landlord to adjust the tenant's security deposit whenever the base rent is increased during the tenancy. This means that if the landlord decides to raise the rent, they can proportionally increase the amount of the tenant's security deposit to reflect the new rental amount. By implementing this clause, landlords can maintain a sufficient security deposit that aligns with the current rental market value without having to require tenants to provide additional deposits or renegotiating the entire lease agreement. This clause is particularly important for landlords who frequently adjust their rental rates to adapt to market fluctuations or changing expenses. Different variations or types of the North Carolina Clause Providing for the Periodic Increase in the Tenant Security to Reflect Increases in Base Rent may include: 1. Fixed Percentage Increase: Landlords can choose to specify a fixed percentage by which the security deposit will increase when the base rent is raised. For example, if the landlord decides to increase the rent by 10%, the security deposit will also be increased by 10%. 2. Proportional Increase: This type of clause allows the security deposit to be increased proportionally to the rental increase. For instance, if the base rent is increased by $100, the security deposit will also be raised by the same amount. 3. Predefined Formula: Some landlords may use a predefined formula to determine the increase in the security deposit. This formula may incorporate factors such as the percentage increase in rental rate, the length of tenancy, or a combination of relevant parameters agreed upon by both parties. It's important to note that the specific terms and language of this clause may vary among rental agreements. Therefore, tenants and landlords should carefully review the lease agreement to understand how this clause is structured and how it will be applied in practice.

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FAQ

The landlord has to return the security deposit within thirty (30) days of the termination of the tenancy or itemize any damages and mail any remaining security deposit balance to the tenant.

Keep in mind in North Carolina, there is no limit on how much landlords can raise the rent.

Security deposits from the tenant in residential dwelling units shall be deposited in a trust account with a licensed and federally insured depository institution or a trust institution authorized to do business in this State, or the landlord may, at the landlord's option, furnish a bond from an insurance company ...

The landlord or the landlord's agent shall notify the tenant within 30 days after the beginning of the lease term of the name and address of the bank or institution where the tenant's deposit is currently located or the name of the insurance company providing the bond.

For a weekly agreement, the maximum you can charge as a security deposit is 2 weeks' worth of the rental payment. For a monthly lease, you must not charge any amount exceeding one and a half month's worth of rent. For fixed-term leases, the maximum you can charge is the equivalent of two month's worth of rent.

North Carolina's security deposit law states that security deposits are normally refundable at the end of the agreement term as long as the renter has not violated the terms of the agreement. A common violation that results in a landlord withholding part or all of the security deposit is excessive property damage.

Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.

The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.

More info

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North Carolina Clause Providing for the Periodic Increase in the Tenant Security to Reflect Increases in Base Rent