Notice Requirements for Landlord Fees.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 990

Short Title: Notice Requirements for Landlord Fees. (Public)
Sponsors: Representatives Longest, Clark, and Johnson-Hostler (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 14, 2025
*H990-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE LA NDLORDS TO PROVIDE N OTICE BEFORE IMPOSIN G 2
CERTAIN FEES ON TENANTS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 42-46 reads as rewritten: 5
"§ 42-46. Authorized fees, costs, and expenses. 6
(a) Late Fee. – In all residential rental agreements in which a definite time for the 7
payment of the rent is fixed, the parties may agree to a late fee not inconsistent with the provisions 8
of this subsection, to be chargeable only if any rental payment is five days or more late. If the 9
rent: 10
(1) Is due in monthly installments, a landlord may charge a late fee not to exceed 11
fifteen dollars ($15.00) or five percent (5%) of the monthly rent, whichever is 12
greater. 13
(2) Is due in weekly installments, a landlord may c harge a late fee not to exceed 14
four dollars ($4.00) or five percent (5%) of the weekly rent, whichever is 15
greater. 16
(3) Repealed by Session Laws 2009 -279, s. 4, effective October 1, 2009, and 17
applicable to leases entered into on or after that date. 18
(b) A late fee under subsection (a) of this section may be imposed only one time for each 19
late rental payment. A late fee for a specific late rental payment may not be deducted from a 20
subsequent rental payment so as to cause the subsequent rental payment to be in default. 21
(b1) A late fee under subsection (a) of this section m ay only be collected by the lessor if 22
the lessor provides written notice to the lessee prior to collecting the fee. The no tice shall be 23
delivered by hand, mail, or electronic means as agreed upon in the rental agreement. The notice 24
shall inform the lessee that a late fee will be or has been assessed for a past due rental payment 25
not received by the later of (i) five days after the due date specified in the rental agreement or (ii) 26
the number of days after the due date specified in the rental agreement for imposing a late fee, 27
provided that number is not less than five days. The notice shall specify the am ount of the late 28
fee and, if the fee has been assessed, the date it was imposed. 29
…." 30
SECTION 2. This act becomes effective October 1, 2025, and applies to late fees 31
imposed on or after that date. 32