Enacts new Article 8, concerning the expedited removal of unauthorized persons from residential property in GS Chapter 42. Adds new GS 42-80, allowing a property owner or authorized agent to request from the law enforcement agency with jurisdiction over where the residential property is located the removal of an unauthorized person unlawfully occupying that property if all of the following are met: (1) the requesting party is the property owner or the authorized representative of the property owner, (2) the property that is being occupied is a residential property or property used in connection with or appurtenant to residential property, (3) 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, (4) the property was not offered or intended as an accommodation for the general public at the time the unauthorized person entered, (5) the property owner or the authorized representative of the property owner has directed the unauthorized person to leave the residential property, (6) the unauthorized person is not a tenant, (7) there is no pending litigation between the property owner and the unauthorized person related to the residential property, (8) no other valid rental agreement or contract for deed has been entered into or formed by the property owner or former owner and the unauthorized person permitting them to occupy the residential property, and (9) no rent or other form of payment has ever been demanded of or paid by the unauthorized person to the property owner or their authorized representative in connection with the occupancy of the residential property. 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 their authorized representative, has not paid any rent or other form of payment to the owner or their authorized representative in connection with the occupancy of the property, and is not otherwise authorized to occupy the property. It does not mean a tenant who holds over after the lease term has expired under GS 42-26.
Provides for an expedited removal affidavit under new GS 42-81. Requires, to require the immediate removal of an unauthorized person, that the property owner or their authorized representative, appear before the clerk of superior court (or magistrate if court is closed) where the property is located and complete a sworn affidavit on a form that is to be created by the Administrative Office of the Courts in consultation with the North Carolina Sheriffs’ Association and the North Carolina Association of Chiefs of Police by September 30, 2025. Requires payment of a $25 fee. Sets out nine things that must be alleged in the affidavit, including the unauthorized person has been directed by the property owner or the authorized representative of the property owner to leave the property, but the unauthorized person remains on the property; the unauthorized person is not a tenant pursuant to any valid lease authorized by the property owner; and the property owner has never demanded nor received rent or other form of payment directly from the unauthorized person in connection with the occupancy of the residential property. Requires the affidavit to include a notice that providing false information or statements on the affidavit is perjury and punishable as a Class F felony and that any person removed from the property as a result of the affidavit may have a cause of action against the affiant for any false information or statements on the affidavit or for wrongfully using these procedures.
Specifies removal of unauthorized persons by the law enforcement agency in new GS 42-82, as follows. Gives the law enforcement agency 24 hours after receiving the affidavit to remove the unauthorized person. Gives the law enforcement agency the power to arrest persons for trespass, outstanding warrants, or other legal cause. Allows the property owner or their authorized representative to request law enforcement to stay while the owner changes locks and removes the unauthorized person's property. Indemnifies the law enforcement agency, officer, clerk of superior court, or magistrate and property owner or their authorized representative from liability.
Provides for a remedy for wrongful removal including possession of the property and recovery of actual costs and damages incurred, statutory damages equal to triple the fair market rent of the residence, a civil penalty of $400-$4,000, court costs, and reasonable attorneys' fees under new GS 42-84. Specifies that new Article 8 doesn’t limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unauthorized person or persons for trespassing, vandalism, theft, or other crimes.
Effective October 1, 2025.