Adds new Article 8, “Expedited Removal of Unauthorized Persons from Residential Property” to GS Chapter 42.  Defines unauthorized person as a person or persons occupying residential property who has no legal claim to the property, is not entitled to occupy it under a valid rental agreement or contract for deed signed by the property owner or the property owner's authorized representative, has not paid any rent or other form of payment to the property owner or an authorized representative of the property owner in connection with the occupancy of the property, and is not otherwise authorized to occupy the property. Excludes a  tenant who holds over after the lease term has expired under GS 42-26 from the definition. Also defines authorized representative, contract for deed, law enforcement agency, real estate broker, residential property, and tenant. Sets forth the following requirements in GS 42-80 to be met for a property owner or authorized representative of the property to request removal of an unauthorized person unlawfully occupying the property from a law enforcement agency with jurisdiction over the property:

The property that is being unlawfully occupied is residential property or property used in connection with or appurtenant to residential property.
An unauthorized person has entered the property after the property owner acquired the property and is remaining or residing unlawfully on the residential property of the property owner.
The property was not offered or intended as an accommodation for the general public at the time the unauthorized person entered.
The property owner or the authorized representative of the property owner has directed the unauthorized person to leave the residential property.
The unauthorized person is not a tenant of the property being unlawfully occupied.
There is no pending litigation between the property owner and the unauthorized person related to the residential property.
No other valid rental agreement or contract for deed has been entered into or formed by the property owner or a former property owner and the unauthorized person permitting the unauthorized person to occupy the residential property.
No rent or other form of payment has ever been demanded of or paid by the unauthorized person to the property owner or to an authorized representative of the property owner in connection with the occupancy of the residential property.

Provides for request for immediate removal of the person from residential property by an affidavit of removal in GS 42-81. Requires the property owner or authorized representative to appear before the clerk of superior court in the county where the property is located and complete a sworn affidavit on a statutory form. Allows such proceedings to go before a magistrate if the clerk’s office is closed. Directs the clerk of superior court or the magistrate to sign the affidavit verifying that the property owner or the authorized representative of the property owner appeared before him or her and swore under oath or affirmation to the information contained therein. Imposes a $25 fee for the affidavit.  Provides for a statutory form which must include the statutory requirements listed above, the property address, and a clear warning that false information or statements on the affidavit is perjury, which is punishable as a Class F felony as well as grounds by legal action against the affiant by the person removed. Directs the Administrative Office of the Courts to develop the form affidavit by no later than September 30, 2025.
Sets forth a process for removal of the unauthorized person by law enforcement with 24 hours of receiving the affidavit from the property owner or authorized representative in GS 42-82, including the power to arrest for trespass, outstanding warrants, or any other legal cause. Provides for immunity for law enforcement agencies, law enforcement officers, clerks of superior court, and magistrates in GS 42-83. Allows requesting law enforcement to stay while the owner or authorized representative changes the locks and moves the person's personal property to the property line.
Creates a civil remedy for wrongful removal in GS 42-84 by persons harmed by a wrongful remover, with remedies including recovering possession of the property, actual costs and damages incurred, statutory damages equal to triple the fair market rent of the residence, a civil penalty of not less than $400 nor more than $4,000 as determined by a court, court costs, and reasonable attorneys' fees. Clarifies that new Article 8 does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unauthorized person for trespassing, vandalism, theft, or other crimes.  
Effective October 1, 2025.
Requires that all leases and contracts for lease of land under GS 22-2 be put in writing (was, written requirement only applies to such leases and contracts that exceed three years in duration). Applies to rental agreements and leases entered into on or after October 1, 2025.

Statutes affected:
Filed: 22-2
Edition 1: 22-2