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NC S71
Bill
Status
2/11/2025
Primary Sponsor
Timothy Moffitt
Click for details
AI Summary
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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
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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
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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)
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Grants immunity from liability to law enforcement, clerks, and magistrates acting in good faith; property owners are only liable if the removal was wrongful
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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