Bill Summary for H 880 (2019-2020)

Summary date: 

May 3 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 880 (Public) Filed Tuesday, April 16, 2019
AN ACT TO ALLOW AUTHORIZED INDIVIDUALS TO DIRECT THE REMOVAL OR DISPOSAL OF CERTAIN PERSONAL PROPERTY OF A DECEDENT LOCATED IN LEASED PREMISES AND TO AUTHORIZE COLLECTION OF CERTAIN EXPENSES RELATED TO A SUMMARY EJECTMENT PROCEEDING AND EXECUTION OF A WRIT OF POSSESSION.
Intro. by Hardister, Ross, Richardson, Hunter.

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Bill summary

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

Modifies the proposed changes to GS 42-46 regarding authorized fees, costs, and expenses. Specifies that the statute, as amended, does not prohibit the landlord and tenant from reaching an agreement to resolve a dispute involving an alleged default under a lease or agreement on terms agreeable to the parties so long as the negotiated terms are consistent with the fees, costs, or expenses permitted by the statute. 

Makes changes to proposed GS 42-36.1B to now require a landlord who enters into an agreement to retain or regain possession of the demised premises, after obtaining a judgement for possession under the Chapter, to submit a motion and proposed order for relief from the judgment pursuant to GS 1A-1, Rule 60(d), to the clerk of superior court in which the judgment was entered no later than 30 days, rather than 60 days, after satisfaction of the terms of the agreement. Clarifies that, concerning liability of the landlord for failure to file a motion and proposed order for relief, the attorneys' fees and costs resulting from the landlord's failure to act, and the defendant's monetary damages, including unpaid rent or one month's rent under the lease or agreement, as specified, are to be paid by the landlord to the tenant.

Adds to GS 1A-1, Rule 60, which authorizes the court to relieve a party or his or her legal representative from a final judgment, order, or proceeding for reasons of mistake, inadvertence, excusable neglect, newly discovered evidence, and fraud, as specified. Sets forth procedures for a prevailing party to motion the court for relief from the judgement entered against the opposing party due to the specified reasons, providing for an automatic dismissal with prejudice. 

Makes technical and clarifying changes to the act's effective date provisions. 

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