Identical to H 966, filed 5/1/24.

Enacts new Article 8, concerning the expedited removal of unauthorized persons from residential property in GS Chapter 42. Adds new GS 42-79, allowing a property owner or authorized agent to request from the sheriff where the residential property is located the removal of a person or persons unlawfully occupying that property if all of the following are met: (1) the requesting party is the property owner or the authorized agent of the property owner, (2) the property that is being occupied includes a residential dwelling, (3) an unauthorized person or persons have unlawfully entered and remain on or continue to reside in the residential property, (4) the property owner or the authorized agent of the property owner has directed the unauthorized person or persons to leave the residential property, (5) the unauthorized person or persons are not residents as defined in GS 42-59, (6) the unauthorized person or persons are not tenants as defined in GS 42-59, (7) there is no pending litigation between the property owner and the  unauthorized person or persons related to the residential property, and (8) no other valid rental agreement has been entered into or formed by the property owner and the unauthorized person or persons. Defines unauthorized person as a person occupying residential property who has no legal claim to the property and is not entitled to occupy it under a valid rental agreement and who is not otherwise authorized to occupy the property. It does not mean a tenant who holds over after the lease term has expired under GS 42-26.

Provides for an effective removal complaint form under GS 42-80.  Requires the Administrative Office of the Courts, (AOC) in consultation with the NC Sheriffs’ Association, to develop the complaint form.  Effective July 1, 2024, appropriates from the General Fund to the AOC $10,000 for 2024-25 to develop the complaint form.

Specifies a process for verification of a complaint and removal of unauthorized persons by the sheriff in new GS 42-81, as follows.  Requires the sheriff to verify that the complainant is the property owner of record or authorized agent and appears entitled to relief. Gives the sheriff 24 hours to remove the unauthorized person or persons from residential property.  Gives the sheriff the power to arrest persons for trespass, outstanding warrants, or other legal cause. Indemnifies sheriff and property owner or their authorized agent from liability to any unauthorized person or other party for loss, destruction, or damage of personal property.

Provides for a remedy for wrongful removal including possession of the property and recovery of actual costs and damages incurred, statutory damages equal to triple the fair market rent of the residence, court costs, and reasonable attorneys' fees under new GS 42-82. Specifies that new Article 8 doesn’t limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unauthorized person or persons for trespassing, vandalism, theft, or other crimes.

Effective December 1, 2024, and applying to offenses committed on or after that date, amends GS 14-127 (willful and wanton injury to real property), to make it a Class H felony in those instances where a person willfully and wantonly damages, injures, or destroys the residential real property of another, and that damage, injury, or destruction results in damages valued at $1,000 or more, unless the conduct is covered under another provision of law providing greater protection.  

Adds new GS 14-117.8 (concerning fraudulent investments and transactions involving residential real property) making it a Class C felony to rent or lease residential real property to another person knowing that the renter or lessor has no lawful ownership in the property or leasehold interest in the property, unless the conduct is covered under another provision of law providing greater punishment.  Makes it a Class H felony to list or advertise residential real property for rent, lease, or sale knowing that the purported renter, lessor, or seller  has no legal title or authority to rent, lease, or sell the property, unless the conduct is covered under another provision of law providing greater punishment. Effective December 1, 2024, and applies to offenses committed on or after that date.

Amends GS 22-2 (contracts for sale of land and leases) so that its requirements that the agreement is in writing and signed applies to all land contracts and leases (currently, applies to instruments exceeding in duration three years from the making thereof).  Effective when it becomes law and applies to rental agreements and leases entered into on or after that date.