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.
Senate committee substitute to the 3rd edition makes the following changes.
Amends GS 7A-228 to add that when a defendant in a summary ejectment action has given notice of appeal and perfected the appeal, the plaintiff may serve a motion to dismiss the appeal if the defendant (1) failed to raise a defense in the small claims court; (2) failed to file a motion, answer, or counterclaim in district court; or (3) failed to make any payment due under any applicable bond to stay execution of the judgment for possession. Specifies ways in which the defendant may defeat the motion to dismiss and requires a response within 10 days of receiving the motion.
Amends GS 42-25.9(g) by making all of the applicable time periods seven days instead of seven business days concerning the timeframe during which the landlord may dispose of personal property.
Amends GS 42-36.2 to require that the notice telling the tenant that failure to request possession of any property on the premises within 7 (was, five) days of execution may result in the property being thrown away, disposed of, or sold.
Makes the act effective September 1, 2013 (was, July 1, 2013).
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.