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NC H791

Bill

Status

Introduced

4/18/2023

Primary Sponsor

Tim Longest

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • 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.

  • 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.

  • Directs the Administrative Office of the Courts to develop and make available a form motion and order for use under this provision.

  • 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.

  • 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

Committee Referrals

Rules, Calendar, and Operations of the House4/19/2023

Full Bill Text

No bill text available