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NC H791
Bill
Status
4/18/2023
Primary Sponsor
Tim Longest
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AI Summary
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Establishes a new "post-judgment relief agreement" that allows a tenant to remain in a rental unit after a summary ejectment judgment if the tenant fulfills the agreement's terms.
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Requires landlords to file a motion for relief from judgment within 30 days after a tenant fulfills the agreement terms and prohibits landlords from obtaining a writ of possession based on that judgment.
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Directs the Administrative Office of the Courts to develop and make available a form motion and order for use under this provision.
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Requires the chief district court judge or designee to conduct an ex parte review and sign the proposed order within five business days if it complies with the law.
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Allows tenants to file a motion to enforce this section if a landlord fails to file the required motion within 30 days of a written demand, making the landlord liable for the tenant's attorneys' fees, costs, or monetary damages equal to one month's rent.
Legislative Description
Eviction Post-Judgment Relief Agreements
Civil Procedure; Courts; Housing; Landlord & Tenant; Rentals & Leasing; Public; Civil Actions
Last Action
Ref To Com On Rules, Calendar, and Operations of the House
4/19/2023