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NC H984

Bill

Status

Engrossed

6/26/2024

Primary Sponsor

John Bradford

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules and Operations of the Senate6/27/2024
Rules, Calendar, and Operations of the House6/6/2024
Finance6/5/2024
Judiciary I5/6/2024

Full Bill Text

No bill text available