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NC S71

Bill

Status

Introduced

2/11/2025

Primary Sponsor

Timothy Moffitt

Click for details

Origin

Senate

2025-2026 Session

AI Summary

  • Creates a new process allowing property owners to request law enforcement removal of unauthorized occupants from residential property within 24 hours by filing a sworn affidavit with the clerk of superior court or magistrate for a $25 fee

  • Defines "unauthorized person" as someone with no legal claim, no valid rental agreement, and who has never paid rent to the property owner; explicitly excludes holdover tenants whose leases have expired

  • Requires the Administrative Office of the Courts to develop a standard affidavit form by September 30, 2025, which must warn that providing false information constitutes perjury (Class F felony)

  • Grants immunity from liability to law enforcement, clerks, and magistrates acting in good faith; property owners are only liable if the removal was wrongful

  • Provides wrongful removal victims the right to recover possession, actual damages, triple fair market rent, civil penalties of $400-$4,000, court costs, and attorneys' fees; effective date October 1, 2025

Legislative Description

Expedited Removal of Unauthorized Persons

Public

Last Action

Ref To Com On Rules and Operations of the Senate

2/12/2025

Committee Referrals

Rules and Operations of the Senate2/12/2025

Full Bill Text

No bill text available