LANDLORD RECOVERY OF EXPENSES/RULE 60 MOTION (NEW).

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View NCGA Bill Details2017-2018 Session
Senate Bill 224 (Public) Filed Wednesday, March 8, 2017
AN ACT TO ALLOW LANDLORDS TO RECOVER OUT-OF-POCKET EXPENSES IN SUMMARY EJECTMENT CASES.
Intro. by J. Jackson, Britt, Lee.
Status: Ch. SL 2018-50 (Senate Action) (Jun 25 2018)

SOG comments (2):

Long title change

Submitted by wunsche@sog.unc.edu on

House committee substitute to the 1st edition changes the act's title. The title was AN ACT TO INCLUDE BREAKING AND ENTERING WITH THE INTENT TO TERRORIZE AS A HABITUAL BREAKING AND ENTERING STATUS OFFENSE.

Long title change

Submitted by wunsche@sog.unc.edu on

House amendment changes the act's titles. The long title was: AN ACT TO ALLOW LANDLORDS TO RECOVER OUT-OF-POCKET EXPENSES IN SUMMARY EJECTMENT CASES AND TO FILE A MOTION FOR RELIEF FROM JUDGMENT WHEN A POST-JUDGMENT AGREEMENT HAS BEEN MADE WITH A DEFENDANT.

Bill History:

S 224/S.L. 2018-50

Bill Summaries:

  • Bill S 224 (2017-2018)
    Summary date: Jun 25 2018 - View Summary

    AN ACT TO ALLOW LANDLORDS TO RECOVER OUT-OF-POCKET EXPENSES IN SUMMARY EJECTMENT CASES. Enacted June 25, 2018. Effective June 25, 2018.

    Courts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Property and Housing
    GS 42
  • Bill S 224 (2017-2018)
    Summary date: Jun 25 2018 - View Summary

    House amendment, adopted 6/13/18, makes the following changes to the 2nd edition.

    Amends proposed GS 42-46(i) to clarify that the recoverable costs for service of process are also pursuant to service of summons under GS 42-29, and to clarity that the recoverable costs of attorneys' fees applies only to fess actually incurred.

    Deletes proposed GS 42-36.1B, judgments for possession satisfied after entry.

    Changes the effective date of the act from October 1, 2018, to when the act becomes law.

    Changes the act's titles.

    Courts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Property and Housing
    GS 42
  • Bill S 224 (2017-2018)
    Summary date: Jun 13 2018 - View Summary

    House committee substitute deletes all provisions of 1st edition and replaces it with AN ACT TO ALLOW LANDLORDS TO RECOVER OUT-OF-POCKET EXPENSES IN SUMMARY EJECTMENT CASES AND TO FILE A MOTION FOR RELIEF FROM JUDGMENT WHEN A POST-JUDGMENT AGREEMENT HAS BEEN MADE WITH A DEFENDANT. Changes short title to "Landlord Recovery of Expense/Rule 60 Motion."

    Contains whereas clause. 

    Amends GS 42-46, adding new subsection (i), allowing a landlord to recover from a tenant out-of-pocket expenses from court filing fees, cost of process service, and reasonable attorneys' fees pursuant to a lease, not to exceed 15% of the amount owed, or 15% of the monthly rent if the eviction is based on a default other than nonpayment of rent. Adds new subsection (j), allowing the expenses listed in (i) to be included in the amount required to cure a default by the landlord. Amends GS 42-46(h)(3) with conforming change. 

    Enacts new GS 42-36.1B, requiring a landlord who enters into a post-judgment agreement with a defendant after obtaining a judgment for possession which gives the defendant possession of the premises to submit a motion and proposed order for relief to the clerk of superior court within 60 days of the defendant satisfying any duties arising under the agreement. After the defendant has satisfied the terms of the post-judgment agreement, the landlord may not cause the issuance of an execution on such judgment. 

    Effective October 1, 2018, and applies to actions filed on or after that date.  

    Courts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Property and Housing
    GS 42
  • Bill S 224 (2017-2018)
    Summary date: Mar 8 2017 - View Summary

    Amends GS 14-7.25 to include the offense of breaking or entering with the intent to terrorize or injure an occupant of the building (a Class H felony under GS 15-54(a1)) as a habitual breaking and entering status offense that is punishable as provided under Article 2D of GS Chapter 14 (Habitual Breaking and Entering Status Offense). Effective December 1, 2017, and applies to offenses committed on or after that date. 

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 14
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