House committee substitute to the 1st edition removes the content of the previous edition and replaces it with the following. Makes conforming changes to the act’s titles.

Adds new Article 22D, “Expedited Removal of Unauthorized Persons from Residential Property,” to GS Chapter 14. Defines unauthorized person as a person or persons occupying residential property who have no legal claim to the property, are not entitled to occupy it under a valid rental agreement or contract for deed, have not paid any rent or other form of payment to the property owner or an authorized representative of the property owner in connection with the occupancy of the property, and are not otherwise authorized to occupy the property. Excludes a tenant who holds over after the lease term has expired under GS 42-26 from the definition. Also defines authorized representative, contract for deed, law enforcement agency, real estate broker, residential property, and tenant. Requires in new GS 14-159.51 in order for a property owner or authorized representative of the property owner to initiate an expedited removal proceeding to remove the unauthorized person, that the complaint allege at least:

• The requesting party is the property owner or their authorized representative.
• The property that is being unlawfully occupied is residential property or property used in connection with or appurtenant to residential property.
• An unauthorized person has entered the property after the property owner acquired the property and is remaining or residing unlawfully on the residential property of the property owner.
• The property was not offered or intended as an accommodation for the general public at the time the unauthorized person entered.
• The property owner or the authorized representative of the property owner has directed the unauthorized person to leave the residential property.
• The unauthorized person is not a tenant of the owner of the property being unlawfully occupied.
• The unauthorized person is not an owner of the unlawfully occupied property.
• There is no pending litigation between the property owner and the unauthorized person related to the residential property.
• No other valid rental agreement or contract for deed has been entered into or formed by the property owner or a former property owner and the unauthorized person permitting the unauthorized person to occupy the residential property.
• No rent or other form of payment has ever been demanded of or paid by the unauthorized person to the property owner or to an authorized representative of the property owner in connection with the occupancy of the residential property.

Sets out the process for the expedited removal proceeding under new GS 14-159.52, which starts by filing a complaint and issuing a summons in the county where the property is located. Allows the complaint to be filed with, and summons issued by, a magistrate when the office of the clerk of superior court is closed. Requires the complainant to give the summons and complaint to the sheriff and requires the sheriff to serve the summons and complaint for expedited removal on the unauthorized person either personally or by posting it on the property’s front door within 24 hours of the sheriff receiving the summons and complaint. Requires a hearing on the removal to be held before a magistrate as soon as practicable, but no more than 48 hours after service. Requires, when the court finds for the property owner or their authorized representative, that the court immediately enter a written order giving the owner or their authorized representative possession and stating the time by which the unauthorized person must vacate the property, which must be no more than four hours after service of the order on the unauthorized person. Requires that the order be served on the unauthorized person at the hearing, and sets out a process for service when the person is not at the hearing or leaves before being served.

New GS 14-159.53 allows an unauthorized person, property owner, or the property owner’s authorized representative to appeal a court order to the district court for a trial de novo. Requires, when the court finds for the property owner or their representative, the court to determine the amount of the appeal bond that the unauthorized person must be required to post if they seek to appeal the court order, which must be at least $10,000, but may be set higher using the described parameters.  

Enacts new GS 14-159.54 to allow the property owner or their authorized representative to remove the personal property of an unauthorized person and place it at or near the property line when the court has entered an order of removal and the person fails to remove personal property from the residence within the time allowed in the order. Specifies that failure of an unauthorized person to vacate a residence in accordance with a court order constitutes criminal trespass.

New GS 14-159.55 provides immunity from liability for a law enforcement agency, officer, or magistrate for compliance with or actions taken in furtherance of this Article, so long as the acts or omission is made in good faith and does not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing. Also provides that the property owner and their authorized representative are not liable for the loss or destruction of or damage to any personal property arising from or related to the removal of an unauthorized person under this Article unless the removal was wrongful.

Allows in new GS 14-159.56 a person to bring a civil cause of action against a property owner or their authorized representative for wrongful removal under this Article. Entitles the person harmed to recover possession of the property and the recovery of damages limited to actual damages as in action for trespass or conversion (excluding punitive damage, treble damage, or damages for emotional distress). Specifies that the Article does not limit the rights of a property owner or limit the authority of law enforcement to arrest an unauthorized person for trespassing, vandalism, theft, or other crimes. Specifies that the remedies under this statute are supplementary to all existing common-law and statutory rights and remedies.

Effective December 1, 2025.