Bill Summary for S 224 (2017-2018)

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Summary date: 

Jun 13 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 224 (Public) Filed Wednesday, March 8, 2017
AN ACT TO ALLOW LANDLORDS TO RECOVER OUT-OF-POCKET EXPENSES IN SUMMARY EJECTMENT CASES.
Intro. by J. Jackson, Britt, Lee.

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Bill summary

House committee substitute deletes all provisions of 1st edition and replaces it with AN ACT TO ALLOW LANDLORDS TO RECOVER OUT-OF-POCKET EXPENSES IN SUMMARY EJECTMENT CASES AND TO FILE A MOTION FOR RELIEF FROM JUDGMENT WHEN A POST-JUDGMENT AGREEMENT HAS BEEN MADE WITH A DEFENDANT. Changes short title to "Landlord Recovery of Expense/Rule 60 Motion."

Contains whereas clause. 

Amends GS 42-46, adding new subsection (i), allowing a landlord to recover from a tenant out-of-pocket expenses from court filing fees, cost of process service, and reasonable attorneys' fees pursuant to a lease, not to exceed 15% of the amount owed, or 15% of the monthly rent if the eviction is based on a default other than nonpayment of rent. Adds new subsection (j), allowing the expenses listed in (i) to be included in the amount required to cure a default by the landlord. Amends GS 42-46(h)(3) with conforming change. 

Enacts new GS 42-36.1B, requiring a landlord who enters into a post-judgment agreement with a defendant after obtaining a judgment for possession which gives the defendant possession of the premises to submit a motion and proposed order for relief to the clerk of superior court within 60 days of the defendant satisfying any duties arising under the agreement. After the defendant has satisfied the terms of the post-judgment agreement, the landlord may not cause the issuance of an execution on such judgment. 

Effective October 1, 2018, and applies to actions filed on or after that date.