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NC H314

NC H314
Removal of Squatters from Private Property


summary

Introduced
03/05/2025
In Committee
03/10/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW ENFORCEMENT AGENCY.

AI Summary

This bill creates a new legal process in North Carolina for property owners to quickly remove unauthorized occupants (squatters) from residential properties through an expedited law enforcement procedure. The bill defines an "unauthorized person" as someone occupying a property without legal claim, rental agreement, or payment, and establishes a detailed process for removal. Property owners must first file a sworn affidavit with a clerk of superior court or magistrate, paying a $25 fee, and providing specific details about the unauthorized occupation. The affidavit must assert that the occupant is not a tenant, has no ownership interest, and was directed to leave the property. Once the affidavit is filed, law enforcement must remove the unauthorized person within 24 hours and may arrest them for trespassing if appropriate. The bill provides legal immunity for law enforcement and the property owner during the removal process, though it also creates a mechanism for the removed person to sue if the removal was wrongful, potentially recovering damages up to triple the fair market rent. The new law will become effective on October 1, 2025, and the Administrative Office of the Courts must develop the required affidavit form by September 30, 2025. The bill aims to give property owners a swift legal remedy against squatters while maintaining some protections for potential occupants.

Committee Categories

Justice

Sponsors (18)

Last Action

Ref to the Com on Judiciary 1, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House (on 03/10/2025)

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