AN ACT TO CLARIFY AND REAFFIRM THE STATUTORY AUTHORITY OF LANDLORDS TO RECOVER OUT-OF-POCKET EXPENSES AND LITIGATION COSTS IN SUMMARY EJECTMENT PROCEEDINGS AND TO MAKE VARIOUS CHANGES TO THE LANDLORD/TENANT STATUTES. SL 2021-71. Enacted July 2, 2021. Part I is effective July 2, 2021 and is intended to apply retroactively to all pending controversies as of that date. Sections 2.3, 2.4, and 2.5 are effective July 2, 2021 and apply to decedents dying on or after that date. Remainder is effective July 2, 2021.
Bill S 644 (2021)Summary date: Jul 2 2021 - View summary
Bill S 644 (2021-2022)Summary date: May 4 2021 - View summary
Senate committee substitute to the 1st edition makes the following changes.
Modifies proposed subdivision (3a) of GS 42-46(h) concerning limitations on landlords charging and collecting fees and out-of-pocket expenses and litigation costs, now stating it is against public policy for a landlord to claim or for a lease to provide for the payment of any out-of-pocket expenses or litigation costs for filing a complaint for summary ejectment and/or money owed other than (was rather than) those expressly authorized in subsection (i).
Bill S 644 (2021-2022)Summary date: Apr 8 2021 - View summary
Amends GS 42-46 concerning fees, costs, and expenses in summary ejectment proceedings. Clarifies that the fees a landlord is authorized to charge pursuant to a written lease for filing a complaint, a court appearance, or trial following an appeal from a magistrate's judgment are administrative fees, defined to exclude out-of-pocket expenses, litigation costs, or other fees. Makes conforming changes. Adds a new provision stating it is against public policy for a landlord to claim or for a lease to provide for the payment of any out-of-pocket expenses or litigation costs for filing a complaint for summary ejectment and/or money owed rather than those expressly authorized in subsection (i). Modifies subsection (i) to provide for recovery of reasonable attorneys' fees actually paid or owed, rather than incurred, subject to existing caps. Specifies that the out-of-pocket expenses and litigation costs listed in subsection (i) can be included by the landlord in the amount required to cure a default. Makes further clarifying changes.
States intent for the above provisions to apply retroactively to all pending controversies as of the date the act becomes law, as the changes are intended to clarify legislative intent under previous amendments to the statute.
Enacts GS 42-14.5 to establish that the criminal record of any prospective or current residential lessee, occupant, or guest does not make any future injury or damage arising from the lessee, occupant, or guest foreseable by the lessor or the lessor's agent. Establishes that the residential lessor or the lessor's agent is not obligated to screen for or refuse to rent because of the criminal record of a prospective or current lessee, occupant, or guest. Specifies that the statute does not prohibit a residential lessor or the lessor's agent from using a criminal background check as grounds for refusing to rent to any prospective or current lessee.
Amends GS 42-25.7 to provide that residential landlords have rights concerning the personal property of their residential tenants in accordance with GS 28A-25-2 (Effect of affidavit), as amended, in addition to other specified state law.
Amends GS 28A-25-1, Collection of property by affidavit when decedent dies intestate. Explicitly entitles the public administrator or an heir that has presented an affidavit pursuant to subsection (a) of the statute to remove or dispose of the decedent's personal property located in demised premises.
Amends GS 28A-25-1.1, Collection of property by affidavit when decedent dies testate. Explicitly entitles the public administrator, a person named or designated by the executor in the will, or an heir that has presented an affidavit pursuant to subsection (a) of the statute to remove or dispose of the decedent's personal property located in the demised premises.
Amends GS 28A-25-2, Effect of affidavit, to discharge or release a lessor or lessor's agent of the demised premises that removes or disposes of the personal property located in the demised premises, at the direction of an affiant authorized under GS 28A-25-1(d) and GS 28A-25-1.1(d), as enacted, to the same extent as if the lessor dealt with a duly qualified personal representative of the decedent. Adds that the lessor is not required to see to the application of the personal property or evidence of the personal property, or to inquire into the truth of any statement in the affidavit.