North Carolina HB 96: Expedited Removal of Unauthorized Persons.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

HOUSE BILL 96
RATIFIED BILL

*H96-v-6*
AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL
OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW
ENFORCEMENT AGENCY AND TO MODIFY THE LAW RELATED TO PET SHOPS.

The General Assembly of North Carolina enacts:

SECTION 1. Chapter 14 of the General Statutes is amended by adding a new Article
to read:
"Article 22D.
"Expedited Removal of Unauthorized Persons from Residential Property.
"§ 14-159.50. Definitions.
The following definitions apply to this Article:
(1) Authorized representative. – A real estate broker or other person who has
written legal authority to act on behalf of a property owner.
(2) Contract for deed. – As defined in G.S. 47H-1.
(3) Law enforcement agency. – A county sheriff's office, a county police
department, or a municipal police department.
(4) Real estate broker. – As defined in G.S. 93A-2(a).
(5) Residential property. – As defined in G.S. 42A-4.
(6) Tenant. – As defined in G.S. 42-59.
(7) Unauthorized person. – 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, 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. This term does not include a
tenant who holds over after the lease term has expired under G.S. 42-26.
"§ 14-159.51. Requirements for removal of unauthorized persons.
A property owner or an authorized representative of the property owner may initiate an
expedited removal proceeding for the removal of an unauthorized person unlawfully occupying
residential property pursuant to this Article. The complaint in the proceeding shall allege at least
the following:
(1) The requesting party is the property owner or the authorized representative of
the property owner.
(2) The property that is being unlawfully occupied is 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.

Page 2 House Bill 96-Ratified
(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 of the owner of the property being
unlawfully occupied.
(7) The unauthorized person is not an owner of the property being unlawfully
occupied.
(8) There is no pending litigation between the property owner and the
unauthorized person related to the residential property.
(9) 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.
(10) 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.
"§ 14-159.52. Removal of unauthorized persons.
(a) An expedited removal proceeding shall commence with the filing of a complaint and
issuance of a summons in the county where the property is located. If the office of the clerk of
the superior court is closed, the complaint shall be filed with, and the summons issued by, a
magistrate. The complainant shall provide the summons and the complaint to the sheriff. The
service of the summons and complaint for expedited removal shall be made by the sheriff on the
unauthorized person personally or by posting a copy of the summons and complaint on the front
door of the property and shall be made within 24 hours of the sheriff receiving the summons and
complaint for service. The sheriff, upon service, shall promptly file a return. A hearing on the
expedited removal shall be held before a magistrate in the county where the property is located
as soon as practicable, but no more than 48 hours after such service. To the extent that the
provisions of this Article conflict with the Rules of Civil Procedure, Chapter 1A of the General
Statutes, with respect to the commencement of an action or service of process, this Article
controls.
(b) If the court finds for the property owner or authorized representative of the property
owner, the court shall immediately enter a written order granting the property owner or
authorized representative of the property owner possession and stating the time when the
unauthorized person shall vacate the property. In no case shall this time be m