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NC H314

Bill

Status

Introduced

3/5/2025

Primary Sponsor

Carla Cunningham

Click for details

Origin

House of Representatives

2025-2026 Session

AI Summary

  • Creates an expedited process for property owners to remove unauthorized occupants from residential property by filing a sworn affidavit with the clerk of superior court or magistrate for a $25 fee

  • Requires law enforcement to remove the unauthorized person within 24 hours of receiving the completed affidavit

  • Defines "unauthorized person" as someone with no legal claim, valid rental agreement, or payment history with the property owner, explicitly excluding tenants who hold over after lease expiration

  • Grants immunity from liability to law enforcement, clerks, and magistrates acting in good faith, while allowing wrongfully removed persons to sue the affiant for actual damages, triple fair market rent, and a civil penalty of $400-$4,000

  • Effective October 1, 2025, with the Administrative Office of the Courts required to develop the affidavit form by September 30, 2025

Legislative Description

Removal of Squatters from Private Property

Public

Last Action

Ref to the Com on Judiciary 1, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House

3/10/2025

Committee Referrals

Judiciary I3/10/2025

Full Bill Text

No bill text available