EVICTION POST-JUDGMENT RELIEF AGREEMENTS.

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View NCGA Bill Details2023-2024 Session
House Bill 791 (Public) Filed Tuesday, April 18, 2023
AN ACT TO ESTABLISH A SUMMARY EJECTMENT POST-JUDGMENT RELIEF AGREEMENT THAT ILLUSTRATES AN AGREEMENT BETWEEN A LANDLORD AND TENANT TO PERMIT THE TENANT TO REMAIN IN THE RENTAL UNIT UNDER CERTAIN TERMS AFTER A SUMMARY EJECTMENT JUDGMENT HAS BEEN ENTERED, TO REQUIRE THE LANDLORD TO FILE A MOTION FOR RELIEF FROM THE JUDGMENT AND A PROPOSED ORDER WITH THE COURT, AND TO DIRECT THE ADMINISTRATIVE OFFICE OF THE COURTS TO CREATE AND MAKE AVAILABLE A FORM MOTION AND ORDER REFLECTING A SUMMARY EJECTMENT POST-JUDGMENT RELIEF AGREEMENT.
Intro. by Longest, John, Morey, Gill.
Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 19 2023)

Bill History:

H 791

Bill Summaries:

  • Bill H 791 (2023-2024)
    Summary date: Apr 20 2023 - View Summary

    Creates new GS 42-36.4 (Post-judgment relief agreements), which allows a landlord who has secured a judgment for possession of property in an eviction action to enter into an agreement with the tenant of the property to allow the tenant to retain or regain possession if the tenant fulfils the terms of the agreement. Protects the tenant from eviction under the judgment after they have satisfied the terms of the agreement. Establishes a procedure where the landlord must file a motion for relief of the judgment after the tenant fulfils the agreement, and required steps for approval of the proposed order attached to that motion. Creates penalties if the landlord does not file a motion and proposed order as required by the section. 

    Effective October 1, 2023. 

    Courts/Judiciary, Court System, Administrative Office of the Courts, Development, Land Use and Housing, Property and Housing
    GS 42
View: All Summaries for Bill