N.C. Gen. Stat. § § 42-25.8
Contrary lease provisions.
Operative Text
Any lease or contract provision contrary to this Article shall be void as against public policy. (1981, c. 566, s. 1.)
Under N.C. Gen. Stat. § 42-25.8, any clause in a lease or rental contract that conflicts with the protections established in Article 5 of Chapter 42 (North Carolina's residential tenant security deposit law) is automatically void and unenforceable as a matter of public policy. The provision means that neither party can contractually waive or override the rights and obligations set out in that Article. The law's protections exist regardless of what a lease document may say to the contrary.
Plain English — not legal advice.
Property owners and managers operating under North Carolina law should be aware that N.C. Gen. Stat. § 42-25.8 renders unenforceable any lease clause that attempts to circumvent the requirements of Article 5, such as provisions that purport to waive security deposit return timelines or itemization obligations. Compliant operators generally review their lease templates to ensure no clause conflicts with the Article's requirements. Standard practice includes aligning all lease terms with the statutory framework rather than relying on contractual language to modify statutory duties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-25.8 means that tenants retain the rights granted by Article 5 of Chapter 42 even if a signed lease contains language that appears to take those rights away. If a landlord attempts to enforce a lease clause that conflicts with the Article—such as one purporting to waive security deposit protections—a tenant may be able to raise the provision's invalidity as a defense in a legal proceeding. Tenant-rights organizations and legal aid offices in North Carolina can help individuals understand how this provision may apply to their lease terms.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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