The most important source of information about the rights and responsibilities of residential landlords and tenants is the written lease agreement. Some landlords prefer oral agreements, but it is more common for them to require the tenant's signature on a written lease—and a written lease protects the tenant more than an oral agreement. Be sure to read the lease carefully before you sign it.
If a tenant wants to change part of the lease, the tenant should discuss it with the landlord. If the landlord agrees, the landlord and tenant should decide how they want to word the change and then write it into the agreement. Both the tenant and the landlord should then initial the change. For example, many standard leases prohibit pets, but the landlord may be willing to accept a pet if the tenant puts down extra money as security (a pet deposit) to protect against any damage the pet might do.
A state’s landlord-tenant laws may provide additional rights and responsibilities and further define the rights and responsibilities identified in the lease agreement. These laws vary from state to state and are usually located in a state’s statutes.
In North Carolina, the primary source of information regarding the rights and responsibilities of residential landlords and tenants is indeed the written lease agreement. North Carolina law recognizes both written and oral lease agreements; however, a written lease provides clearer evidence of the terms agreed upon by both parties and is generally more protective for both landlords and tenants. Tenants should read and understand the lease before signing. If a tenant wishes to negotiate changes to the lease terms, such as allowing pets when the lease prohibits them, the tenant should discuss this with the landlord. If the landlord agrees to the modification, the change should be written into the lease and initialed by both parties to ensure it is legally binding. It's important to note that North Carolina's landlord-tenant laws, which can be found in the state's statutes, may supplement the lease agreement by providing additional rights and responsibilities that are not explicitly outlined in the lease itself. These laws are designed to provide a legal framework for the landlord-tenant relationship and must be adhered to regardless of the lease provisions.