There are some additional charges that may be put upon the tenant during the course of a tenancy, such as late fees and insufficient funds fees. And in an effort to allow landlords to recoup some court costs, North Carolina law also includes a few court-related fees that can be charged to the tenant by the landlord. Regardless of the fee, make sure to keep accurate records of fees charged and received.
Late Fee
The landlord can charge a late fee after the rent remains unpaid for five days. The late fee cannot exceed 5% of the rent amount.
Returned check fee (NSF fee)
The maximum amount that a landlord can charge for a returned check is $25, as per N.C.G.S.A. ยง 25-3-506.
Complaint filing fee
A landlord is allowed to charge a complaint-filing fee which may not exceed $15 or 5% of the monthly rent, whichever is greater. This fee can only be charged if the tenant was in default under the rental agreement, the landlord filed and served a complaint for summary ejectment and/or money owed, the tenant cured the default or claim, and the landlord dismissed the complaint prior to judgment.
Court appearance fee
This is a fee that the landlord may charge in an amount equal to 10% of the monthly rent, but only if the tenant was in default under the rental agreement, the landlord filed, served, and prosecuted successfully a complaint for summary ejectment and/or monies owed in small claims court, and neither party appealed the judgment of the magistrate.
Second trial fee
This fee can be charged for a new trial following an appeal from the judgment of a magistrate. To qualify for the fee, the landlord must prove that the tenant was in default under the rental agreement and that landlord prevailed. This second trial fee may not exceed 12% of the monthly rent.