Mobile home park fees in North Carolina

North Carolina has no dedicated mobile home park fee statute, but the general landlord-tenant law caps late fees and security deposits and requires a prompt deposit return. This page compiles that general law. For a specific charge, consider consulting a licensed attorney in North Carolina.

What the statute says

On late fees, N.C.G.S. §42-46(a) allows a late fee "to be chargeable only if any rental payment is five calendar days or more late," and for monthly rent the landlord "may charge a late fee not to exceed fifteen dollars ($15.00) or five percent (5%) of the monthly rent, whichever is greater." A late fee "may be imposed only one time for each late rental payment" (§42-46(b)), and no late fee may be charged for a tenant's failure to pay for water or sewer services (§42-46(d)).

On deposits, N.C.G.S. §42-51(b) provides that "the security deposit shall not exceed an amount equal to two weeks' rent if a tenancy is week to week, one and one-half months' rent if a tenancy is month to month, and two months' rent for terms greater than month to month." Section 42-52 requires the landlord to "itemize any damage" in writing and return the balance "no later than 30 days after termination of the tenancy," and bars withholding "for conditions that are due to normal wear and tear."

How it works in general

A North Carolina park's late fee is capped at $15 or 5% of monthly rent (whichever is greater), can be charged only once per late payment, and only if the rent is at least five days late — and it can't be charged for unpaid water or sewer. The security deposit can't exceed 1.5 months' rent for a month-to-month tenancy (two weeks for week-to-week, two months for longer terms), and must be returned, with an itemized statement of any deductions, within 30 days of the tenancy ending; the landlord can't keep money for normal wear and tear. Other park fees are governed by the written lease, since there is no mobile-home-specific fee cap.

Common scenarios

General examples North Carolina park residents commonly encounter:

• A late fee is added the day after rent is due. None is allowed until rent is 5+ days late, capped at $15 or 5% (§42-46).
• A park demands a large deposit. It can't exceed 1.5 months' rent for a month-to-month tenancy (§42-51(b)).
• A deposit isn't returned after move-out. It must be returned (itemized) within 30 days (§42-52).

Other authorities that may apply

The Tenant Security Deposit Act (N.C.G.S. §§42-50 to 42-56) governs the deposit, and §42-46 governs late and other authorized fees. The written lease defines other park charges. Federal law can apply in particular situations.