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NC H984
Bill
Status
6/26/2024
Primary Sponsor
John Bradford
Click for details
AI Summary
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Creates an expedited administrative removal process for unauthorized occupants of residential property in North Carolina, allowing property owners to bypass traditional eviction procedures by filing a sworn affidavit with a clerk of superior court or magistrate.
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Property owner or authorized representative must file affidavit alleging nine specific conditions, including that occupant has no legal claim, paid no rent, and was directed to leave; filing fee is $25.
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Law enforcement must remove the unauthorized person within 24 hours of receiving the affidavit and may arrest for trespass, outstanding warrants, or other crimes; property owner may request police remain present while changing locks and removing personal property.
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Law enforcement officers, courts, and property owners are immune from liability for good faith compliance with the removal process, except for gross negligence or intentional wrongdoing.
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Wrongfully removed persons may sue the affiant for civil damages including actual costs, triple the fair market rent of the residence, civil penalties of $400–$4,000, court costs, and attorney fees; provision becomes effective October 1, 2024.
Legislative Description
Removal of Squatters from Private Property
Aoc; Counties; Courts; Crimes; Emergency Services; Judicial Dept.; Law Enforcement; Local Government; Property; Public; Real Est
Last Action
Ref To Com On Rules and Operations of the Senate
6/27/2024