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NC S886

Bill

Status

Introduced

5/2/2024

Primary Sponsor

Timothy Moffitt

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Creates a new expedited removal process allowing property owners or authorized agents to request sheriff removal of unauthorized occupants from residential property within 24 hours after filing a complaint and verification by the sheriff.

  • Establishes requirements for removal, including that the occupant is not a legal tenant or resident, the property owner has directed them to leave, and no pending litigation exists between parties; excludes tenants holding over after lease expiration.

  • Authorizes sheriffs to stand by while property owners change locks and remove personal property, with sheriff liability protection unless removal is wrongful; wrongfully removed persons may sue for triple fair market rent in statutory damages plus actual damages and attorney fees.

  • Increases punishment for willful and wanton damage to residential property from Class 1 misdemeanor to Class H felony when damages equal or exceed $1,000, effective December 1, 2024.

  • Creates new felonies for fraudulent rental or lease of residential property (Class C felony) and fraudulent advertising of property for rent, lease, or sale without legal authority (Class H felony), effective December 1, 2024.

  • Requires all residential lease agreements to be in writing, effective when the bill becomes law.

Legislative Description

Expedited Removal of Unauthorized Persons

Commerce; Consumer Protection; Contracts; Counties; Crimes; Fines & Penalties; Fraud; Law Enforcement; Rentals & Leasing; Local

Last Action

Ref To Com On Rules and Operations of the Senate

5/6/2024

Committee Referrals

Rules and Operations of the Senate5/6/2024

Full Bill Text

No bill text available