Bill Summary for H 802 (2013-2014)

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Summary date: 

Jul 9 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 802 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT AMENDING THE LAWS RELATED TO LANDLORD AND TENANT RELATIONSHIPS TO SHORTEN THE TIME PERIOD REQUIRED TO EVICT A TENANT.
Intro. by Earle, T. Moore, W. Brawley, Cunningham.

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Bill summary

Senate amendment makes the following changes to the 4th edition.

Amends GS 42-36.2(b), regarding the storage of an evicted tenant's personal property. Reduces the maximum duration that a landlord in lawful possession of a tenant's property via execution of a writ of possession must retain that property in anticipation of the tenant seeking to reclaim the property to seven days (was, 10 days); however, these provisons do not apply to manufactured homes and their content. Clarifies that if a landlord offers to release the tenant's property after being placed in lawful possession of the tenant's property and thetenant fails to retrievehis or herproperty within seven days after the execution of the writ of possession, then the landlord may sell, throw away, or otherwise dispose of the property. Provides that if the tenant does not request release of the property within seven days (was, 10 days), then all the costs of eviction, execution, and storage proceedings are to be charged to the tenant as court costs and and are to constitute a lien against the stored property or a claim against any remaining balance of the proceeds of a warehouseman's lien sale.