North Carolina Prohibited Lease Clauses
4 restricted clause typesOur North Carolina law database tracks 4 lease clause types that state law prohibits or restricts (2 illegal, 2 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our North Carolina law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by North Carolina law
Waiver of implied warranty of habitability
Often UnenforceableLegal basis: North Carolina General Statutes Section 42-42
Confession of judgment clause
Likely IllegalLegal basis: North Carolina General Statutes Section 42-46
Late fee exceeding statutory limit
Often UnenforceableLegal basis: North Carolina General Statutes Section 42-46
Waiver of tenant rights under NC law
Likely IllegalLegal basis: North Carolina General Statutes Section 42-14.1
Frequently asked questions
- What lease clauses are illegal in North Carolina?
- North Carolina law restricts 4 clause types tracked in our database, such as: waiver of implied warranty of habitability; confession of judgment clause; late fee exceeding statutory limit.
- Is a lease still valid if it contains an illegal clause in North Carolina?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of implied warranty of habitability" in North Carolina?
- North Carolina General Statutes Section 42-42.
Check Your Lease Against North Carolina Law
Not sure whether your lease complies with North Carolina law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More North Carolina lease law guides
- North Carolina rental lease laws — overview
- North Carolina security deposit limit
- North Carolina deposit return deadline
- North Carolina deposit interest rules
- North Carolina landlord entry notice
- North Carolina late fee laws
- North Carolina rent grace period
- North Carolina required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in North Carolina for your specific situation.