Bill Summary for H 315 (2015-2016)

Summary date: 

Apr 22 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 315 (Public) Filed Thursday, March 19, 2015
AN ACT TO MAKE TECHNICAL CORRECTIONS TO LANDLORD/TENANT LAW AND TO PROVIDE FOR PROPER COLLECTION OF FEES AND COSTS FOR SHERIFFS EXECUTING WRITS OF POSSESSION.
Intro. by Stevens.

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Bill summary

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

Amends GS 42-36.2(a) to require the sheriff to return a writ for possession of real property unexecuted upon receiving a statement from the landlord that the landlord does not want to eject the tenant because the tenant has paid all court costs charged to the tenant and has satisfied the tenant's indebtedness to the landlord (was, also to be returned upon receiving a statement from the landlord that the tenant's property can remain on the premises).

Amends GS 1-474(c) to require the sheriff to collect a fee deposit upon issuance of an order of seizure and delivery (was, the clerk of court must collect an amount not to exceed $100, with guidelines for determining the amount, to be given to the sheriff).

Deletes proposed changes to GS 42-25.9.

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