Bill Summary for H 791 (2023-2024)
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View NCGA Bill Details | 2023-2024 Session |
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.
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Bill 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.