Bill > S55

This bill creates a new legal process in North Carolina for property owners to quickly remove unauthorized persons from residential properties through an expedited judicial proceeding. The bill defines an "unauthorized person" as someone occupying a property without legal claim, rental agreement, or permission, and who has not paid rent. The removal process involves filing a complaint with the local court or magistrate, followed by rapid service of summons to the occupant, either personally or by posting on the property's front door. Within 48 hours of service, a hearing will be held before a magistrate, where if the property owner prevails, the unauthorized person must vacate the property within four hours of the order's service. The bill provides immunity from liability for law enforcement and magistrates acting in good faith during the removal process, and establishes that failure to vacate can result in criminal trespass charges. An appeal process is also outlined, requiring a minimum $10,000 appeal bond. The bill includes protections for property owners, allowing them to remove personal property of unauthorized occupants, while also providing a remedy for individuals who believe they were wrongfully removed. The new law becomes effective on December 1, 2025, and is designed to give property owners a streamlined legal mechanism to regain possession of their residential property.

Education, Government Affairs

https://www.ncleg.gov/BillLookUp/2025/S55