How to Fill Out the NC Residential Rental Contract (Form 410-T)

To fill out North Carolina Form 410-T, work through the preamble and the 33 numbered paragraphs in order: name every adult tenant and the landlord, describe the premises precisely, set the term and renewal rules in Paragraph 1, enter rent in Paragraph 2, a lawful late fee in Paragraph 3, and a security deposit within the statutory cap in Paragraph 4, attach the required disclosures and any addenda, then have everyone sign and date. The current version is the 7/2023 revision, jointly approved by the North Carolina Association of Realtors and the North Carolina Bar Association.¹ The sections below walk through each blank in the order you’ll encounter it.

Get the Right Version First

Form 410-T is a proprietary document maintained by the North Carolina Association of Realtors, so most people access it through a licensed real estate broker who subscribes to the Association’s forms library.² Property management companies and North Carolina real estate attorneys also keep current copies. If you’re a landlord working without a broker, ask a North Carolina real estate attorney or use a verified legal document service that carries state-specific templates. Confirm the version is dated 7/2023 before you start writing in it.

Preamble: Parties, Premises, and Term

The form opens with a preamble before the numbered paragraphs. Enter the full legal name of every adult who will live in the unit and the full legal name of the landlord or the landlord’s authorized agent. Naming every adult tenant on the lease is what binds each of them to the terms.

Next comes the premises. Fill in the street address, city, county, zip code, and apartment number if there is one.² A separate line lets you add further description, which matters when the tenant is renting only a room or a defined portion of a larger property. Be specific; a vague description can create a dispute later about what spaces the tenant may use.

The preamble also carries the lease term: start date, end date, and the length of the initial term. Agree on all three before filling the blanks. Paragraph 1 then controls what happens when that initial term runs out, covered further below.

Paragraph 2: Monthly Rent

Paragraph 2 records the monthly rent, the day of the month it is due, and the address or method for delivering payment. If the tenant is moving in partway through a month, calculate the prorated amount for that partial period in advance and enter it in the separate blank the form provides for it.

Paragraph 3: Late Fees and Returned Payments

North Carolina caps what you can charge when rent is late. For monthly tenancies, the late fee cannot exceed $15 or five percent of the monthly rent, whichever is greater, and it can only be charged once payment is at least five calendar days overdue.³ For weekly tenancies, the cap is $4 or five percent of the weekly rent. Any figure entered in Paragraph 3 above the statutory cap is unenforceable even if both parties sign. The same paragraph covers fees for bounced checks or returned electronic payments.

Paragraph 4: Security Deposit

The maximum security deposit depends on the length of the tenancy. A week-to-week lease allows up to two weeks’ rent. A month-to-month lease allows up to one and a half months’ rent. Any tenancy longer than month-to-month, including a standard one-year lease, allows up to two months’ rent.⁴ Enter an amount within the applicable cap.

The landlord has to hold these funds in a trust account at a federally insured bank or savings institution in North Carolina, or post a bond from a licensed insurance company instead.⁵ Commingling deposit funds with personal or business accounts violates the statute. Paragraph 4 restates the move-out accounting rules: 30 days to return the deposit or send an itemized statement of deductions, with an interim accounting at 30 days and a final accounting within 60 days if damages cannot be fully determined by the first deadline.⁴

Paragraph 1: Renewal Period and Notice to Terminate

Paragraph 1 is where you tell the form what to do once the initial term runs out. If neither side gives written notice to terminate, the tenancy rolls over automatically on the same terms into a renewal period whose length you specify in the blank, commonly month-to-month. During any renewal period, the landlord may send written notice of a rent change, effective in the following renewal period.²

If the tenancy converts to calendar month-to-month, either party can end it with written notice, and termination takes effect on the last day of the calendar month following the month the notice was given. For renewal periods other than month-to-month, a separate blank sets the number of days’ notice required before the last day of the final period.

Whatever you write in the notice blanks has to equal or exceed the statutory minimums: at least one month’s notice before the current year ends for a year-to-year tenancy, seven days for month-to-month, and two days for week-to-week.⁶

Paragraph 28: Other Terms You Want to Add

Paragraph 28 holds anything the form doesn’t ask for by default. One common use: North Carolina has no statute setting a specific advance-notice period for landlord entry under the right-of-entry provision in Paragraph 10, so if you want a defined notice window, negotiate the number of hours and write it into Paragraph 28. Any custom rule the parties agree on goes here.

Required Disclosures and Addenda

Several items have to accompany the lease depending on the property and the arrangement. Each addendum you use must be listed in the attachments section of the main contract, because that incorporation by reference is what gives the supplement the same force as the lease itself.

Lead-based paint disclosure. For housing built before 1978, federal law requires the landlord to disclose any known lead-based paint hazards, hand over all available records and reports, give the tenant a copy of the EPA pamphlet Protect Your Family From Lead in Your Home, and include a signed lead warning statement either as an attachment or as lease language.⁷
Pet addendum (Form 410-A). Paragraph 12 of Form 410-T references Form 410-A, which sets any pet fees, breed or weight limits, and property rules. If pets are not allowed, check that box in Paragraph 12 instead. A “no pets” checkbox does not override the obligation to grant reasonable accommodations for assistance animals used by tenants with disabilities, and no pet deposit or pet fee may be charged for a legitimate assistance animal.¹
Move-in inspection. Not legally required, but documenting the condition of the property before move-in protects both parties when the deposit is settled later. Paragraph 29 of the form addresses inspection of the premises.

What You Don’t Fill In, But Should Know Is There

Several of the numbered paragraphs incorporate statutory duties by reference rather than asking you to write anything. Paragraph 6 pulls in the landlord’s obligations under §42-42 to keep the premises fit and habitable, including working smoke and carbon monoxide alarms replaced or repaired within 15 days of written notice.⁸ Paragraph 5 pulls in the tenant’s maintenance duties under §42-43, including the rule that after the landlord’s initial installation of fresh batteries, replacing batteries in battery-operated alarms during the tenancy falls to the tenant (unless the alarms are tamper-resistant 10-year lithium units).⁹ A tenant may not withhold rent on their own over a repair dispute; the statute requires a court order first.¹⁰ None of this needs a blank filled in, but both sides should read these paragraphs before signing.

Signing, Delivering, and Starting the Tenancy

Every adult tenant and the landlord or authorized agent must sign and date the form. Paragraph 31 addresses execution and permits counterparts, so each party can sign a separate copy and the combined signatures form one binding agreement. Electronic signatures are valid under the state’s Uniform Electronic Transactions Act, which prevents denial of legal effect to a signature or contract solely because it is in electronic form.¹¹

Once signatures are complete, deliver a full copy of the signed lease, with every addendum and disclosure attached, to each party. The tenant pays the first month’s rent and the security deposit. The landlord hands over keys and any access codes. Keep the full document package for the duration of the lease and through the security deposit return period afterward.

1
University of North Carolina School of Government. NC REALTOR Lease
2
North Carolina Association of REALTORS. Standard Form 410-T Residential Rental Contract
3
North Carolina General Assembly. North Carolina Code 42-46 – Authorized Fees, Costs, and Expenses
4
North Carolina General Statutes. North Carolina Code Chapter 42 Article 6 – Tenant Security Deposit Act
5
North Carolina General Assembly. North Carolina Code 42-50 – Deposits From the Tenant
6
North Carolina General Assembly. North Carolina Code 42-14 – Notice to Quit
7
US EPA. Lead-Based Paint Disclosure Rule (Section 1018 of Title X)
8
North Carolina General Assembly. North Carolina Code 42-42 – Landlord to Provide Fit Premises
9
North Carolina General Assembly. North Carolina Code 42-43 – Tenant to Maintain Dwelling Unit
10
North Carolina General Assembly. North Carolina Code 42-44 – General Remedies, Penalties, and Limitations
11
Justia. North Carolina Code Chapter 66 – Uniform Electronic Transactions Act