Late Fees And Eviction Fees
G.S. 42-46 — nothing until rent is five days late, and one late fee per late payment
Five days late, then $15 or 5 percent. In North Carolina, a late fee applies only when rent is five calendar days or more late, the first day being the day after it was due. For monthly rent the fee cannot exceed $15 or 5 percent of the rent, whichever is greater; for weekly rent, $4 or 5 percent.
A late fee may be charged only once for each late payment, and it cannot be taken out of the next payment so as to put that payment in default. No late fee may be charged for unpaid water or sewer charges.
| Fee, under a written lease | When | Limit |
|---|---|---|
| Fee, under a written leaseComplaint filing fee | WhenThe tenant cured the default and the landlord dismissed the case before judgment | Limit$15 or 5 percent of the monthly rent, whichever is greater |
| Fee, under a written leaseCourt appearance fee | WhenThe landlord won in small claims court | Limit10 percent of the monthly rent |
| Fee, under a written leaseSecond trial fee | WhenThe landlord won a new trial after an appeal | Limit12 percent of the monthly rent |
A landlord keeps only one of those three fees for a complaint. Beyond them, a landlord may recover court filing fees, the cost of serving papers, and reasonable attorneys' fees actually paid or owed under a written lease, up to 15 percent of the amount owed, or 15 percent of the monthly rent when the eviction is for something other than unpaid rent.
Any other administrative fee for filing an eviction is against public policy, and a lease term contrary to the section is void. Where rent is subsidized by a housing agency or local government, every fee is figured on the tenant's share of the rent only.
Sources for this section (1)
- G.S. 42-46 — Authorized fees, costs, and expenses
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.