As a landlord in Burlington, NC, you have legal and ethical responsibilities that extend beyond collecting rent and maintaining your rental unit. One of your primary obligations is to provide tenants with the proper disclosures before or at the start of a tenancy. These required landlord disclosures help build transparency and protect both you and your tenant from future disputes.
If you fail to inform tenants of critical details about the property or lease, it can lead to legal issues and possible financial penalties. In this blog, we'll explore specific disclosures you're required to make under federal law, state law, and local ordinances.
Lead-Based Paint Disclosure (Federal Law)
Under federal government regulations, landlords like you must warn tenants about any known presence of lead-based paint in properties built before 1978. This includes supplying a lead warning statement and the EPA’s Protect Your Family From Lead in Your Home pamphlet. The disclosure must be part of the lease agreement, signed by both parties.
You’re still obligated to inform prospective tenants and provide documentation even if you believe there’s no issue. Failure to comply can result in lawsuits or actual damages.
Disclosure of Security Deposit Details
North Carolina state law requires you to notify tenants where their security deposit is being held. You must disclose the name and address of the financial institution where the deposit is stored, and this must happen within 30 days of receiving it.
You also need to state whether the deposit is refundable and outline conditions under which deductions may be made, such as for unpaid rent payments, pet deposits, or damages beyond normal wear and tear.
Identity of the Landlord or Agent
It’s required to list your name and address for the rental unit. This ensures that new tenants know who to contact for repairs, questions about the rental agreement, or maintenance emergencies.
Carbon Monoxide and Smoke Detectors
Local laws or ordinances may require you to install working carbon monoxide detectors in properties with fuel-burning appliances, although this is not always a federal requirement. Ensure your rental unit complies, and document the presence and testing of each detector.
Environmental or Health Hazards
You should provide tenants with written notice if there are known environmental hazards, like mold, volatile organic compounds, or lead poisoning risks. Disclosing these health risks protects you from liability and respects tenants’ rights, though not always legally mandated.
Outstanding Code Violations
You must also disclose if your rental unit has existing housing code violations or unresolved issues cited by the local government to prospective tenants before signing a lease.
Make Compliance Simple with RB Legacy
Making sure you're updated with all disclosures required by law can be overwhelming, but it’s essential for protecting your investment and running a legally compliant rental business.
At RB Legacy, we help Burlington landlords like you stay compliant with every required disclosure, lease regulation, and tenant communication.
Ready to make sure your rental property is fully covered? Contact us today to get expert support you can trust.
FAQs About Landlord Disclosures in Burlington, NC
1. What happens if a landlord fails to provide the required disclosures?
You could face legal consequences if you fail to provide required disclosures, such as the lead-based paint notice or security deposit information. This may include financial penalties, lease termination by the tenant, or even lawsuits for actual damages depending on the violation. Working with a landlord-tenant attorney or local property management expert can help ensure compliance with both federal law and state law.
2. Do I need to disclose mold or other environmental hazards?
Yes, while North Carolina doesn’t always require disclosure of mold or environmental hazards, it’s considered best practice to inform tenants of any known issues. Proactively disclosing these risks limits your liability and ensures tenants are aware of any potential health hazards.
3. Are there any local disclosure requirements specific to Burlington or Alamance County?
Yes, local governments and municipal laws can impose additional obligations beyond federal and state rules. For example, you may be required to disclose recent housing code violations, changes in local ordinances, or unique utility-sharing agreements in multi-unit properties. Always check with your city or county housing department for local law updates.