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NC H880

Bill

Status

Engrossed

5/6/2019

Primary Sponsor

Jonathan Hardister

Click for details

Origin

House of Representatives

2019-2020 Session

AI Summary

  • Authorizes public administrators, heirs, executors, and devisees to remove or dispose of a decedent's personal property located in leased premises after presenting an affidavit meeting statutory requirements.

  • Permits landlords to recover actual out-of-pocket expenses from tenants including court filing fees (for complaints and writs of possession), service of process costs, and reasonable attorneys' fees up to 15% of amount owed or monthly rent.

  • Allows landlords to charge a complaint-filing fee not exceeding $15.00 or 5% of monthly rent (whichever is greater) when a tenant cures a default and the landlord dismisses the complaint prior to judgment.

  • Permits security deposits to be used for any fee, cost, or expense allowed under the bill's landlord recovery provisions.

  • Requires alternative dispute resolution agreements between landlords and tenants to comply with permitted fees and costs under the bill; effective when law takes effect with application to decedents dying on or after that date.

Legislative Description

Landlord/Tenant Changes

Last Action

Re-ref Com On Rules and Operations of the Senate

7/24/2019

Committee Referrals

Rules and Operations of the Senate7/8/2019
Judiciary7/1/2019
Rules and Operations of the Senate5/6/2019
Rules, Calendar, and Operations of the House5/3/2019
Judiciary4/22/2019

Full Bill Text

No bill text available