North Carolina SB 71: TEXTBOOK DAMAGE FEES USE

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 71

Short Title: Expedited Removal of Unauthorized Persons. (Public)
Sponsors: Senators Moffitt, Settle, and Lazzara (Primary Sponsors).
Referred to: Rules and Operations of the Senate
February 12, 2025
*S71-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL 2
OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW 3
ENFORCEMENT AGENCY. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Chapter 42 of the General Statutes is amended by adding a new Article 6
to read: 7
"Article 8. 8
"Expedited Removal of Unauthorized Persons from Residential Property. 9
"§ 42-79. Definitions. 10
The following definitions apply to this Article: 11
(1) Authorized representative. – A real estate broker or other person who has 12
written legal authority to act on behalf of a property owner. 13
(2) Contract for deed. – As defined in G.S. 47H-1. 14
(3) Law enforcement agency. – A county sheriff's office, a county police 15
department, or a municipal police department. 16
(4) Real estate broker. – As defined in G.S. 93A-2(a). 17
(5) Residential property. – As defined in G.S. 42A-4. 18
(6) Tenant. – As defined in G.S. 42-59. 19
(7) Unauthorized person. – A person or persons occupying residential property 20
who has no legal claim to the property, is not entitled to occupy it under a 21
valid rental agreement or contract for deed signed by the property owner or 22
the property owner's authorized representative, has not paid any rent or other 23
form of payment to the property owner or an authorized representative of the 24
property owner in connection with the occupancy of the property, and is not 25
otherwise authorized to occupy the property. This term does not include a 26
tenant who holds over after the lease term has expired under G.S. 42-26. 27
"§ 42-80. Requirements for removal of unauthorized persons. 28
A property owner or an authorized representative of the property owner may request from a 29
law enforcement agency with jurisdiction over where the residential property is located the 30
removal of an unauthorized person unlawfully occupying the residential property pursuant to this 31
Article if all of the following conditions are met: 32
(1) The requesting party is the property owner or the authorized representative of 33
the property owner. 34
(2) The property that is being unlawfully occupied is residential property or 35
property used in connection with or appurtenant to residential property. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 71-First Edition
(3) An unauthorized person has entered the property after the property owner 1
acquired the property and is remaining or residing unlawfully on the 2
residential property of the property owner. 3
(4) The property was not offered or intended as an accommodation for the general 4
public at the time the unauthorized person entered. 5
(5) The property owner or the authorized representative of the property owner has 6
directed the unauthorized person to leave the residential property. 7
(6) The unauthorized person is not a tenant of the property being unlawfully 8
occupied. 9
(7) There is no pending litigation between the property owner and the 10
unauthorized person related to the residential property. 11
(8) No other valid rental agreement or contract for deed has been entered into or 12
formed by the property owner or a former property owner and the 13
unauthorized person permitting the unauthorized person to occupy the 14
residential property. 15
(9) No rent or other form of payment has ever been demanded of or paid by the 16
unauthorized person to the property owner or to an authorized representative 17
of the property owner in connection with the occupancy of the residential 18
property. 19
"§ 42-81. Expedited removal affidavit. 20
(a) To request the immediate removal of an unauthorized person from residential 21
property, the property owner or an authorized representative of the property owner must appear 22
before the clerk of superior court in the county where the property is located and complete a 23
sworn affidavit on a form created pursuant to subsection (c) of this section. If the office of the 24
clerk of superior court is closed, the property owner or an authorized representative of the 25
property owner may complete the sworn affidavit before a magistrate in the county where the 26
property is located. The clerk of superior court or the magistrate shall sign the affidavit verifying 27
that the property owner or the authorized representative of the property owner appeared before 28
him or her and swore under oath or affirmation to the information contained therein. The property 29
owner shall pay to the clerk of superior court or the magistrate a fee of twenty-five dollars 30
($25.00) for completion of the sworn affidavit. 31
(b) The affidavit shall allege that all of the conditions and requirements for removal of 32
an