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NC H802

Bill

Status

Passed

7/23/2013

Primary Sponsor

Beverly Earle

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Magistrates must render judgment in summary ejectment cases on the same day as the hearing conclusion, or within five business days for complex cases involving criminal activity, breaches other than nonpayment of rent, Section 8 housing, public housing, or counterclaims.

  • Sheriff must execute writs of possession within five days of receipt (reduced from seven days) and must provide tenants at least two days' notice before removal.

  • Landlords may dispose of a tenant's personal property after seven days (reduced from ten days) if the tenant fails to retrieve it, except for manufactured homes valued over $500.

  • Defendants in summary ejectment appeals who fail to raise defenses in small claims court, file responsive motions in district court, or pay bonds may have their appeals dismissed without a hearing.

  • Magistrates cannot continue summary ejectment cases for more than five days or until the next small claims court session without consent of both parties.

Legislative Description

Landlord/Tenant/Shorten Eviction Time

Last Action

Ch. SL 2013-334

7/23/2013

Committee Referrals

Judiciary II5/14/2013
Judiciary Subcommittee C4/11/2013

Full Bill Text

No bill text available