Senate committee substitute makes the following changes to 2nd edition.
Adds a section enacting new GS 28A-25-1.2 to set out a procedure for a landlord to remove personal property left in a dwelling unit after the tenant, who was the sole occupant, dies. Requires the landlord to file an affidavit, as specified, and pay a $30 fee to transfer the remaining property to the landlord, provided (1) the landlord waits 10 days after the paid rental period expires, (2) there is no appointed personal representative, and (3) there is no other affidavit related to the decedent’s estate filed in the applicable county. Requires the landlord to provide a copy of the affidavit to the tenant’s contact person, or to post notice if there is no designated contact person. Details the options for the landlord to store property from a dwelling unit after filing an affidavit. Allows the landlord to sell the property, as described, or give the property to a nonprofit organization 90 days after filing the affidavit, provided no personal representative has been appointed and no affidavit stating the decedent died testate or intestate has been filed. Directs the landlord to provide an accounting to the clerk of court after taking the property to a nonprofit, or detailing how sale proceeds were applied. Permits the landlord to give the decedent’s personal property, if the property values $500 or less, to a nonprofit organization without filing an affidavit and after taking inventory; requires the nonprofit to keep the property separate for 30 days. Provides for actual damages if a landlord violates these statutory requirements, and authorizes the procedure for removing personal property as an alternative to a summary ejectment action. Makes a conforming change by enacting new GS 42-36.3, and makes conforming changes to GS 42-25.7 and the bill title. Makes a clarifying change to GS 42-34.1. Changes the act’s effective date to October 1, 2012 (was, October 1, 2011), and applies to all actions for summary ejectment filed on or after that date and to personal property owned by a tenant who dies on or after that date.