AN ACT AMENDING THE LAWS RELATED TO LANDLORD AND TENANT RELATIONSHIPS TO SHORTEN THE TIME PERIOD REQUIRED TO EVICT A TENANT. Enacted July 23, 2013. Effective September 1, 2013.
Bill Summaries: H802 (2013-2014 Session)
Summary date: Jul 25 2013 - View summary
Summary date: Jul 9 2013 - View summary
Senate amendment makes the following changes to the 4th edition.
Amends GS 42-36.2(b), regarding the storage of an evicted tenant's personal property. Reduces the maximum duration that a landlord in lawful possession of a tenant's property via execution of a writ of possession must retain that property in anticipation of the tenant seeking to reclaim the property to seven days (was, 10 days); however, these provisons do not apply to manufactured homes and their content. Clarifies that if a landlord offers to release the tenant's property after being placed in lawful possession of the tenant's property and thetenant fails to retrievehis or herproperty within seven days after the execution of the writ of possession, then the landlord may sell, throw away, or otherwise dispose of the property. Provides that if the tenant does not request release of the property within seven days (was, 10 days), then all the costs of eviction, execution, and storage proceedings are to be charged to the tenant as court costs and and are to constitute a lien against the stored property or a claim against any remaining balance of the proceeds of a warehouseman's lien sale.
Summary date: Jul 1 2013 - View summary
Senate committee substitute to the 3rd edition makes the following changes.
Amends GS 7A-228 to add that when a defendant in a summary ejectment action has given notice of appeal and perfected the appeal, the plaintiff may serve a motion to dismiss the appeal if the defendant (1) failed to raise a defense in the small claims court; (2) failed to file a motion, answer, or counterclaim in district court; or (3) failed to make any payment due under any applicable bond to stay execution of the judgment for possession. Specifies ways in which the defendant may defeat the motion to dismiss and requires a response within 10 days of receiving the motion.
Amends GS 42-25.9(g) by making all of the applicable time periods seven days instead of seven business days concerning the timeframe during which the landlord may dispose of personal property.
Amends GS 42-36.2 to require that the notice telling the tenant that failure to request possession of any property on the premises within 7 (was, five) days of execution may result in the property being thrown away, disposed of, or sold.
Makes the act effective September 1, 2013 (was, July 1, 2013).
Summary date: May 13 2013 - View summary
House amendments make the following changes to the 2nd edition.
Amendment #1 amends proposed subsection (b) of GS 7A-223 toprohibit the magistrate in a summary ejectment action from continuing the case for more than five days or until the next session of small claims court, whichever is longer, without the consent ofboth parties (was, no continuance more than five days without the consent of both parties).
Amendment #2 deletes changes to GS 42-28 regarding the issuance of a summons in a summary ejectment action by the clerk and deletes changes to GS 42-29 regarding the service of summons in a summary ejectment action.
Makes conforming changes to renumber the sections of the act accordingly.
Summary date: May 9 2013 - View summary
House committee substitute makes the following changes to the 1st edition.
Amends GS 7A-222 to clarify that in a small claim action to evict a tenant,the magistrate is required to render judgment on the same day on which the evidence is concluded and submission of legal authorities occurs, except(1) whenthe parties agree on an extension of additional time for entering the judgment and (2) when the summary ejectment (eviction)case is more complex. Provides examples of more complex summary ejectment cases.
Deletes provision prohibiting a magistrate from continuing any summary ejectment action for more than five days without the express consent of the plaintiff and requiring a magistrate to pay $50 per day to the plaintiff, excluding weekends and legal holidays, for the number of days the magistrate continued the summary ejectment action beyond the time periods specified in this section.Instead, provides that if either party in the action moves for a continuance, the magistrate must render a decision on the motion under Rule 40(b) of the Rules of Civil Procedure. (Rule 40(b) provides that acontinuancemay be granted only for good cause shown and upon such terms and conditions as justice may require.) Prohibits the magistrate from continuing an action for more than five days without the consent of both parties.
Amends GS 7A-228 to delete requirement that written notice of appeal in a summary ejectment action under Article 3 of GS Chapter 42must befiled with the clerk of superior court within five days after the judgment is entered and reverts to current law, which provides 10 days for the filing of an appeal in a summary ejectment action. Makes conforming changes. Provides that if theappealing partypetitions to qualifyas an indigentand the petition is denied, the appealing party has an additional five days to perfect the appeal in the summary ejectment action by paying the court costs. Makes conforming changes, deleting all amendments to subsection (b1) of GS 71-228 from the 1st edition. Amends subsection (c) of this section to identify actions required of the defendant in a summary ejectment case and provides that a plaintiff may file a motion to dismiss if a defendant fails to adhere to the listed requirements.
Amends GS 42-25.9 to allow a landlord to dispose of personal property remaining on the premisesseven business days (was,five days), after being placed in lawful possession by execution of a writ of possession. Deletes requirement for notice to the tenantthree days before the landlord sells the tenant's property and reverts to current law, which requires seven days' notice.Requires surplus proceeds to be disbursed to the tenant, upon request,within seven businessdays (was,five days) after the sale. Makes conforming changes.
Deletes changes made in the 1st edition to GS 42-28 regarding the issuance of a summons by the clerk. Provides that in counties with a population of at least 300,000, the clerk, after the summons is issued, is toadhere to the wishes of the plaintiffto either(1) return the summons to the plaintiff or (2) forward the summons to the sheriff.
Amends GS 42-49 to provide thatin counties with a population of at least 300,000,for the purposes of this section only,the term "officer" as used in subsection (a) of this sectionmeans (1) any person, over 21, who is not a party to the action and is employed by the plaintiff to serve the summons and complaint in summary ejectmentor (2) the sheriff of the county where the premises are located.
Deleteschanges to GS 42-36.2, which shortened from ten days to five days the amount of time allowed for the release of property, storage of property, and for the tenant to request release of the property and reverts to current law, which provides for ten days for those actions. Provides that after a landlord has lawful possession of a tenant's property, if the landlord offers to release the tenant's property and the tenant fails to retrieve that property during the landlord's regular business hours within seven business days, the landlord maysell, throw away, or otherwise dispose of the property in accordance with the provisions of GS 42-25.9(g).
Directs the Administrative Office of the Courts to develop a form for parties in summary ejectment actions in small claims court to inform them of the process and the time line in summary ejectment actions.
Summary date: Apr 15 2013 - View summary
Amends GS 7A-222 to require a magistrate to render judgment in a summary ejectment action on the same day as the conclusion of all of the evidence. Amends GS 7A-223 to require the magistrate to conduct a trial on the date listed on the summons in an action demanding summary ejectment. Provides that the provisions of GS 42-30 apply (Judgment by confession, where plaintiff has proved case, or failure to appear). Prohibits a magistrate from continuing a summary ejectment action unless (1) the plaintiff has consented, or (2) the service of process has not been obtained, in which case the action may not be continued for longer than five days without the plaintiff's consent. Any magistrate who violates these actions must pay the plaintiff $50 per day multiplied by the number of days that the magistrate continued the action beyond the allowed time periods. Amends GS 7A-228 to require notice of appeal in a summary ejectment action to be filed within five days after entry of judgment. Provides that failure to pay the cost of court to appeal within 10 days after entry of judgment in a summary ejectment action results in automatic dismissal. Requires a person appealing a summary ejectment action as an indigent to file an affidavit, within five days of entry of judgment, that the person is unable by reason of poverty to pay the appeal costs. Requires the authorization of a person to appeal as an indigent to be made thin 10 days after entry of judgment in a summary ejectment action.
Amends GS 42-25.9 to allow a landlord to dispose of personal property remaining on the premises, five days (was, ten days), after being placed in lawful possession by execution of a writ of possession. Requires notice to the tenant three (was, seven) day before the landlord sells property. Requires surplus proceed to be disbursed to the tenant, upon request, five days (was, ten days) after the sale. Makes conforming changes.
Amends GS 42-28 to require that the clerk of superior court issue a summons within one day of the filing of the complaint, when the lessor files a complaint pursuant to GS 42-26 (Tenant holding over may be dispossessed in certain cases) or GS 42-27 (Local: Refusal to perform contract ground for dispossession) and asks to be put in possession of the leased premises. If the clerk fails to issue the summons or set a court date on the summons that is seven days or less from the issuance of the summons, then the clerk must pay to the lessor $50 per day, multiplied by the number of days that the date of the issuance of the summons or date of the trial exceeds the requirements.
Amends GS 42-36.2 to shorten from ten days to five days the amount of time allowed for the release of property, storage of property, and for the tenant to request release of the property. Makes conforming changes.
Applies to all actions for summary ejectment filed on or after July 1, 2013.