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NC S518

Bill

Status

Passed

6/26/2012

Primary Sponsor

Joshua Stein

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Origin

Senate

2011-2012 Session

AI Summary

  • Requires landlords with actual knowledge that a tenant is an attorney to notify the North Carolina State Bar at least 15 days before destroying or discarding potentially confidential materials left on the premises after obtaining possession through eviction or other means.

  • Defines "potentially confidential materials" as client files, trust or operating account records, or other materials relating to client matters.

  • Allows the State Bar or its designee to take possession of the materials at its own expense within the 15-day notice period without requiring a court order, and protects landlords from liability for cooperating with the State Bar.

  • Permits landlords to destroy or discard materials after the 15-day period expires if neither the State Bar nor the tenant has claimed them, and protects good faith compliance efforts from liability.

  • Extends the same notice and material preservation requirements to nonresidential property, including storage and self-storage spaces, and prohibits landlords from placing liens on potentially confidential materials.

Legislative Description

Landlord/State Bar Notice of Lease Default

Last Action

Ch. SL 2012-76

6/26/2012

Committee Referrals

Judiciary Subcommittee A6/13/2011
Judiciary I4/6/2011

Full Bill Text

No bill text available