Rental Application and Tenant-Screening Fee Requirements in North Carolina

Short answer North Carolina's complete Landlord and Tenant chapter contains no statewide provision specifically regulating an ordinary landlord's rental-application or tenant-screening fee. It sets no special dollar or actual-cost cap and creates no application-fee disclosure, receipt, refund, report-copy, reusable-report, processing-order, adverse-action, or fee-specific remedy rule. A separate commerce statute regulates fees charged by rental-referral agencies, not a landlord's application screening charge.
State
North Carolina
Statute checked
July 20, 2026
Sources
5 statutes

At a glance

Governing law and coverageNo general landlord application- or screening-fee provision in N.C. Gen. Stat. ch. 42; § 66-143 separately covers rental-referral agencies
Fees allowed or prohibitedChapter 42 does not specifically authorize or prohibit an ordinary landlord application, processing, credit-check, background-check, or screening charge
Maximum charge and adjustmentNo statewide dollar, actual-cost, customary-cost, or indexed ceiling for an ordinary landlord charge in ch. 42
Permitted costs and charge timingNo special permitted-cost list, vacancy condition, charge-when-considered rule, or application-fee collection timing in ch. 42
Before-screening disclosuresNo special statewide availability, fee, screening-criteria, report-source, or dispute-rights disclosure in ch. 42
Receipt, report copy, and refundNo special landlord itemized-receipt, report-copy, unused-fee, unconsidered-application, or rejection-refund rule in ch. 42
Applicant-supplied or reusable reportsNo applicant-supplied, portable, or reusable tenant-screening-report rule in ch. 42
Application order and adverse actionNo first-in-order, first-qualified, single-application, or state adverse-action procedure in ch. 42
Remedies and stronger local rulesNo application-fee-specific remedy or local-rule clause; § 42-14.1 preempts local rent-amount and housing-assistance-source measures, not application fees by name

What North Carolina's statewide chapter does—and does not—cover

The General Assembly's complete Chapter 42 text covers general landlord-tenant rules, agricultural liens, residential ejectment, retaliatory eviction, residential rental agreements, security deposits, and criminal-activity evictions. The Residential Rental Agreements article begins with § 42-38, which applies that article to rights, duties, and remedies under a dwelling-unit rental agreement. Its fee section begins at § 42-46(a) with late fees and then addresses eviction-case administrative fees and costs and lease-required insurance charges.

Neither that article nor any other part of the complete chapter creates a rule for an ordinary pre-lease application, processing, credit-check, background- check, or tenant-screening charge. Chapter 42 therefore supplies no special application-fee amount, cost formula, collection timing, vacancy or screening disclosure, receipt, refund, report-copy, reusable-report, review-order, adverse-action, or fee-specific remedy requirement.

What trips people up

The heading “Application” in § 42-38 is not about a rental application. It states where the Residential Rental Agreements article applies. It does not regulate an applicant or an application fee.

Rental-referral agencies follow a separate rule. N.C. Gen. Stat. § 66-143(a)-(d) covers a business that helps a prospective tenant locate housing for a fee. It generally ties the fee to obtaining housing, permits a written-contract deposit, allows at most $20 to be kept even when housing is not obtained if disclosure and availability conditions are met, and supplies refund timing. That is not a landlord application-screening-fee statute.

The local-law preemption text is narrow and specific. Section 42-14.1 names local regulation of rent amounts and refusal based on federal housing-assistance income. It does not name application fees. This survey does not decide whether a particular city or county measure is valid under other law.

Common questions

Does North Carolina set a maximum landlord application fee? Not in Chapter 42. The complete chapter states no dollar, actual-cost, customary-cost, or indexed ceiling for that charge.

Must a landlord refund the fee if the application is denied? Chapter 42 creates no special denial or unconsidered-application refund deadline. Section 66-143's refund procedure belongs to a separate rental-referral agency.

Must a landlord accept a recent report supplied by the applicant? Chapter 42 contains no applicant-supplied or reusable screening-report procedure.

Statutes and sources

  • N.C. Gen. Stat. ch. 42 — complete official Landlord and Tenant chapter.

    Article 5. Residential Rental Agreements. § 42-38. Application. ... § 42-46. Authorized fees, costs, and expenses. Article 6. Tenant Security Deposit Act. § 42-50. Deposits from the tenant. ... § 42-56. Application of Article.

Official source: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_42.pdf (accessed 2026-07-20) - N.C. Gen. Stat. § 42-38 — scope of the residential-rental article.

This Article determines the rights, obligations, and remedies under a rental agreement for a dwelling unit within this State.

Official source: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-38.html (accessed 2026-07-20) - N.C. Gen. Stat. § 42-46 — the chapter's enumerated late, eviction-case, litigation, and insurance-related fees and expenses.

§ 42-46. Authorized fees, costs, and expenses. ... (a) Late Fee. ... (e) Complaint-Filing Fee. ... (f) Court-Appearance Fee. ... (g) Second Trial Fee.

Official source: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-46.html (accessed 2026-07-20) - N.C. Gen. Stat. § 42-14.1(a)-(b) — named local-regulation preemption.

No county or city ... may ... regulate[] the amount of rent ... [or] prohibit[] ... refusing to lease ... because ... income ... includes funding from a federal housing assistance program.

Official source: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-14.1.html (accessed 2026-07-20) - N.C. Gen. Stat. § 66-143 — separate rental-referral agency fee and refund rule.

A rental referral agency shall not charge or attempt to collect any fees ... except where rental housing is in fact obtained ...

Official source: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_66/GS_66-143.html (accessed 2026-07-20)

Source links

Every statute quoted above, linked, with the date we checked it.

N.C. Gen. Stat. § 42-38 · accessed 2026-07-20
N.C. Gen. Stat. § 42-14.1(a)-(b) · accessed 2026-07-20
N.C. Gen. Stat. § 66-143(a)-(d) · accessed 2026-07-20
This page is general legal information about North Carolina residential rental-application and tenant-screening charges, not legal advice about a particular application, report, denial, or property. The result can depend on who owns or manages the property, the housing program, the fee's actual purpose, the unit's availability, when and how the application is considered, what the applicant supplies, and city or county law. It does not cover security or holding deposits, broker commissions, recurring tenancy fees, or whether a landlord's substantive credit, criminal-record, eviction-record, income, or other screening criterion is lawful. Federal consumer-reporting and fair-housing duties may apply in addition to North Carolina law. Verified against the official statute text on the date shown; confirm the current state and local rules or consult a licensed North Carolina attorney before collecting, paying, or disputing a charge.

What does North Carolina law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current North Carolina law apply to your situation, with citations you can check.

Opens in Ezel Pro.

  • Starts from the statutes this survey is built on
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace