Bill Summary for H 802 (2013-2014)

Summary date: 

Jul 1 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 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).

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