Bill > S71

This bill creates a new legal process for property owners to quickly remove unauthorized persons from residential property through a streamlined law enforcement procedure. The bill defines an "unauthorized person" as someone occupying a property without legal claim, valid rental agreement, or permission from the property owner, and who has not paid rent. To use this process, a property owner must first file a sworn affidavit with a clerk of superior court or magistrate, paying a $25 fee, and attesting that specific conditions are met, such as having directed the unauthorized person to leave and there being no existing rental agreement or pending litigation. Once the affidavit is filed, law enforcement must remove the unauthorized person within 24 hours and may arrest them for trespassing if appropriate. The property owner can also request law enforcement assistance in changing locks and removing the person's belongings. The bill provides legal immunity for law enforcement and the property owner in executing this removal, though it allows for civil action if the removal is deemed wrongful. Importantly, the bill does not apply to tenants who have overstayed their lease and includes protections to prevent potential abuse, such as requiring clear notification about potential perjury and civil penalties for false claims. The new law is set to take effect on October 1, 2025.

https://www.ncleg.gov/BillLookUp/2025/S71