House committee substitute makes the following changes to 1st edition. Deletes all provisions of previous edition with the exception of amendments to GS 42-34.1(regarding rent pending execution of judgment), GS 42-51 (regarding permitted uses of deposit), GS 42A- 11(b), and GS 42A-17 (new subsection concerning cleaning fees in vacation rental agreements).
Amends GS 42-25.9(d) by increasing the value of property either abandoned or left after eviction, which a landlord may deliver to a nonprofit, to $750 or less (previously $500 or less). Amends GS 42-25.9(h) by stating that property valuing less than $500 (currently, less than $100) and remaining on the premises at the time of execution of a writ of possession in an action of summary ejectment will be deemed abandoned five days after execution, and may be disposed of by the landlord.
Enacts new subsection (c) to GS 42-26 providing that in an action for summary ejectment based on the tenant doing or omitting an act for which the lease may be terminated, the lease may provide that acceptance of partial rent or partial housing subsidy payment does not waive the tenant’s breach. States that the landlord’s exercise of the right of re-entry is not an unfair and deceptive trade practice.
Clarifies GS 42-51(a)(3) by providing that security deposits may be used for damages as the result of the nonfulfillment of a rental period, except where the tenant terminated the rental agreement under GS 42-45, GS 42-45.1, or because the tenant was forced to leave the property because of the landlord’s violation of Article 2A of GS Chapter 42 or was constructively evicted by the landlord’s violation of GS 42-42(a).
Directs the General Statutes Commission to study and recommend to the 2012 General Assembly changes to the statutes to provide for the orderly and prompt removal by a landlord of the personal property of a deceased tenant where the heirs are not readily identifiable or available to take possession of the property. This provision is effective when it becomes law.
Makes other technical and clarifying changes.