LANDLORD LIABILITY CHANGES.

View NCGA Bill Details2017-2018 Session
House Bill 803 (Public) Filed Tuesday, April 11, 2017
AN ACT TO CODIFY DAVENPORT V. D.M. RENTAL PROPERTIES, INC., REGARDING CRIMINAL RECORDS OF TENANTS, OCCUPANTS, AND GUESTS AND TO ALLOW FOR AUTHORIZED INDIVIDUALS TO DIRECT THE REMOVAL OR DISPOSAL OF CERTAIN PERSONAL PROPERTY OF A DECEDENT LOCATED IN LEASED PREMISES.
Intro. by Hardister, Ross, Goodman, W. Richardson.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 26 2017)
H 803

Bill Summaries:

  • Summary date: Apr 25 2017 - More information

    House amendment #1 makes the following change to the 2nd edition:

    Amends new GS 42-14.5 to provide that the statute does not prohibit a residential lessor from using a criminal background check as a ground for refusing to rent to a prospective or current residential lessee.

    Amends GS 28A-25-2 to make the added language also applicable to a lessor's agent. 


  • Summary date: Apr 24 2017 - More information

    House committee substitute makes the following changes to the 1st edition.

    Clarifies that new GS 42-14.5 applies to residential lessors and lessees.

     


  • Summary date: Apr 12 2017 - More information

    Enacts new GS 42-14.5. Provides that the criminal record of any prospective or current lessee, occupant, or guest does not make a future injury or damage arising from that person foreseeable by the lessor or lessor's agent, nor does a lessor or a lessor's agent have the duty to screen for, or refuse to rent because of, the criminal record of a prospective or current lessee, occupant, or guest.

    Amends GS 42-25.7 to provide that landlords have rights to the personal property of their residential tenants in accordance with GS 28A-25-2, or the other currently listed statutes.

    Amends GS 28A-25-1 (Collection of property by affidavit when decedent dies intestate). Provides that a public administrator or heir that has presented an affidavit under this statute is entitled to remove or otherwise dispose of a decedent's personal property located in demised premises.

    Amends GS 28A-25-1.1 (Collection of property by affidavit when decedent dies testate). Provides that a public administrator, executor of a will, devisee, or heir that has presented an affidavit is entitled to remove or otherwise dispose of the decedent's personal property located in the demised premises.

    Amends GS 28A-25-2 (Effect of an affidavit). Provides that a lessor of the demised premises that, pursuant to an affidavit, removes, throws away, or otherwise disposes of the personal property located in demised premises is discharged and released to the same extent as if the lessor dealt with a duly qualified personal representative of the decedent. Provides that the lessor is not required to see to the application of the personal property or evidence thereof, or to inquire into the truth of the affidavit.

    Effective when the bill becomes law, and applies to affidavits submitted on or after that date.


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