North Carolina 2025-2026 Regular Session

North Carolina House Bill H314 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 314
	3	+	H D
	4	+	HOUSE BILL DRH10084-NO-32
	5	+
5	6
6	7
7	8		Short Title: Removal of Squatters from Private Property. (Public)
8	9		Sponsors: Representative Cunningham.
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Judiciary 1, if favorable, State and Local Government, if favorable, Rules,
11		-	Calendar, and Operations of the House
12		-	March 10, 2025
13		-	H314 -v-1
	10	+	Referred to:
	11	+
	12	+	DRH10084 -NO-32
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL 2
16	15		OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW 3
17	16		ENFORCEMENT AGENCY. 4
18	17		The General Assembly of North Carolina enacts: 5
19	18		SECTION 1. Chapter 42 of the General Statutes is amended by adding a new Article 6
20	19		to read: 7
21	20		"Article 8. 8
22	21		"Expedited Removal of Unauthorized Persons from Residential Property. 9
23	22		"§ 42-79. Definitions. 10
24	23		The following definitions apply to this Article: 11
25	24		(1) Authorized representative. – A real estate broker or other person who has 12
26	25		written legal authority to act on behalf of a property owner. 13
27	26		(2) Contract for deed. – As defined in G.S. 47H-1. 14
28	27		(3) Law enforcement agency. – A county sheriff's office, a county police 15
29	28		department, or a municipal police department. 16
30	29		(4) Real estate broker. – As defined in G.S. 93A-2(a). 17
31	30		(5) Residential property. – As defined in G.S. 42A-4. 18
32	31		(6) Tenant. – As defined in G.S. 42-59. 19
33	32		(7) Unauthorized person. – A person or persons occupying residential property 20
34	33		who has no legal claim to the property, is not entitled to occupy it under a 21
35	34		valid rental agreement or contract for deed signed by the property owner or 22
36	35		the property owner's authorized representative, has not paid any rent or other 23
37	36		form of payment to the property owner or an authorized representative of the 24
38	37		property owner in connection with the occupancy of the property, and is not 25
39	38		otherwise authorized to occupy the property. This term does not include a 26
40	39		tenant who holds over after the lease term has expired under G.S. 42-26. 27
41	40		"§ 42-80. Requirements for removal of unauthorized persons. 28
42	41		A property owner or an authorized representative of the property owner may request from a 29
43	42		law enforcement agency with jurisdiction over where the residential property is located the 30
44	43		removal of an unauthorized person unlawfully occupying the residential property pursuant to this 31
45	44		Article if all of the following conditions are met: 32
46	45		(1) The requesting party is the property owner or the authorized representative of 33
47		-	the property owner. 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 314-First Edition
49		-	(2) The property that is being unlawfully occupied is residential property or 1
50		-	property used in connection with or appurtenant to residential property. 2
51		-	(3) An unauthorized person has entered the property after the property owner 3
52		-	acquired the property and is remaining or residing unlawfully on the 4
53		-	residential property of the property owner. 5
54		-	(4) The property was not offered or intended as an accommodation for the general 6
55		-	public at the time the unauthorized person entered. 7
56		-	(5) The property owner or the authorized representative of the property owner has 8
57		-	directed the unauthorized person to leave the residential property. 9
58		-	(6) The unauthorized person is not a tenant. 10
59		-	(7) There is no pending litigation between the property owner and the 11
60		-	unauthorized person related to the residential property. 12
61		-	(8) No other valid rental agreement or contract for deed has been entered into or 13
62		-	formed by the property owner or a former property owner and the 14
63		-	unauthorized person permitting the unauthorized person to occupy the 15
64		-	residential property. 16
65		-	(9) No rent or other form of payment has ever been demanded of or paid by the 17
66		-	unauthorized person to the property owner or to an authorized representative 18
67		-	of the property owner in connection with the occupancy of the residential 19
68		-	property. 20
69		-	"§ 42-81. Expedited removal affidavit. 21
70		-	(a) To request the immediate removal of an unauthorized person from residential 22
71		-	property, the property owner or an authorized representative of the property owner must appear 23
72		-	before the clerk of superior court in the county where the property is located and complete a 24
73		-	sworn affidavit on a form created pursuant to subsection (c) of this section. If the office of the 25
74		-	clerk of superior court is closed, the property owner or an authorized representative of the 26
75		-	property owner may complete the sworn affidavit before a magistrate in the county where the 27
76		-	property is located. The clerk of superior court or the magistrate shall sign the affidavit verifying 28
77		-	that the property owner or the authorized representative of the property owner appeared before 29
78		-	him or her and swore under oath or affirmation to the information contained therein. The property 30
79		-	owner shall pay to the clerk of court or the magistrate a fee of twenty-five dollars ($25.00) for 31
80		-	completion of the sworn affidavit. 32
81		-	(b) The affidavit shall allege all of the following: 33
82		-	(1) The affiant is the property owner or the authorized representative of the 34
83		-	property owner. 35
84		-	(2) An unauthorized person has entered after the property owner acquired the 36
85		-	property and is remaining or residing unlawfully on residential property of the 37
86		-	property owner. 38
87		-	(3) The unauthorized person has been directed by the property owner or the 39
88		-	authorized representative of the property owner to leave the property, but the 40
89		-	unauthorized person remains on the property. 41
90		-	(4) The property was not offered or intended as an accommodation for the general 42
91		-	public at the time the unauthorized person entered the residential property. 43
92		-	(5) The unauthorized person is not a tenant pursuant to any valid lease authorized 44
93		-	by the property owner. 45
94		-	(6) The unauthorized person is not an owner or co-owner of the property and has 46
95		-	not been listed on the valid record title to the property. 47
96		-	(7) The property owner has not entered into a contract for deed, installment land 48
97		-	contract, rent-to-own agreement, lease with option to purchase, or any other 49
98		-	contract in which the property owner agreed to sell an interest in the residential 50
99		-	property to the unauthorized person. 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 314-First Edition Page 3
	46	+	the property owner. 34
	47	+	(2) The property that is being unlawfully occupied is residential property or 35
	48	+	property used in connection with or appurtenant to residential property. 36
	49	+	H.B. 314
	50	+	Mar 5, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH10084-NO-32
	53	+	(3) An unauthorized person has entered the property after the property owner 1
	54	+	acquired the property and is remaining or residing unlawfully on the 2
	55	+	residential property of the property owner. 3
	56	+	(4) The property was not offered or intended as an accommodation for the general 4
	57	+	public at the time the unauthorized person entered. 5
	58	+	(5) The property owner or the authorized representative of the property owner has 6
	59	+	directed the unauthorized person to leave the residential property. 7
	60	+	(6) The unauthorized person is not a tenant. 8
	61	+	(7) There is no pending litigation between the property owner and the 9
	62	+	unauthorized person related to the residential property. 10
	63	+	(8) No other valid rental agreement or contract for deed has been entered into or 11
	64	+	formed by the property owner or a former property owner and the 12
	65	+	unauthorized person permitting the unauthorized person to occupy the 13
	66	+	residential property. 14
	67	+	(9) No rent or other form of payment has ever been demanded of or paid by the 15
	68	+	unauthorized person to the property owner or to an authorized representative 16
	69	+	of the property owner in connection with the occupancy of the residential 17
	70	+	property. 18
	71	+	"§ 42-81. Expedited removal affidavit. 19
	72	+	(a) To request the immediate removal of an unauthorized person from residential 20
	73	+	property, the property owner or an authorized representative of the property owner must appear 21
	74	+	before the clerk of superior court in the county where the property is located and complete a 22
	75	+	sworn affidavit on a form created pursuant to subsection (c) of this section. If the office of the 23
	76	+	clerk of superior court is closed, the property owner or an authorized representative of the 24
	77	+	property owner may complete the sworn affidavit before a magistrate in the county where the 25
	78	+	property is located. The clerk of superior court or the magistrate shall sign the affidavit verifying 26
	79	+	that the property owner or the authorized representative of the property owner appeared before 27
	80	+	him or her and swore under oath or affirmation to the information contained therein. The property 28
	81	+	owner shall pay to the clerk of court or the magistrate a fee of twenty-five dollars ($25.00) for 29
	82	+	completion of the sworn affidavit. 30
	83	+	(b) The affidavit shall allege all of the following: 31
	84	+	(1) The affiant is the property owner or the authorized representative of the 32
	85	+	property owner. 33
	86	+	(2) An unauthorized person has entered after the property owner acquired the 34
	87	+	property and is remaining or residing unlawfully on residential property of the 35
	88	+	property owner. 36
	89	+	(3) The unauthorized person has been directed by the property owner or the 37
	90	+	authorized representative of the property owner to leave the property, but the 38
	91	+	unauthorized person remains on the property. 39
	92	+	(4) The property was not offered or intended as an accommodation for the general 40
	93	+	public at the time the unauthorized person entered the residential property. 41
	94	+	(5) The unauthorized person is not a tenant pursuant to any valid lease authorized 42
	95	+	by the property owner. 43
	96	+	(6) The unauthorized person is not an owner or co-owner of the property and has 44
	97	+	not been listed on the valid record title to the property. 45
	98	+	(7) The property owner has not entered into a contract for deed, installment land 46
	99	+	contract, rent-to-own agreement, lease with option to purchase, or any other 47
	100	+	contract in which the property owner agreed to sell an interest in the residential 48
	101	+	property to the unauthorized person. 49 General Assembly Of North Carolina Session 2025
	102	+	DRH10084-NO-32 Page 3
101	103		(8) The property owner has never demanded nor received rent or other form of 1
102	104		payment directly from the unauthorized person in connection with the 2
103	105		occupancy of the residential property. 3
104	106		(9) There is no litigation related to the property pending between the property 4
105	107		owner and the unauthorized person. 5
106	108		(c) The Administrative Office of the Courts, in consultation with the North Carolina 6
107	109		Sheriffs' Association and the North Carolina Association of Chiefs of Police, shall develop a 7
108	110		form for the affidavit required by this section. In addition to the required allegations set forth in 8
109	111		subsection (b) of this section, the form shall require the property owner to provide the property 9
110	112		address and may include space for the property owner to provide information that may assist law 10
111	113		enforcement in identifying the unauthorized person. The form shall also include clear language 11
112	114		notifying the affiant that providing false information or statements on the affidavit is perjury 12
113	115		pursuant to G.S. 14-209 and punishable as a Class F felony. The form shall further notify the 13
114	116		affiant that any person removed from the residential property as a result of the affidavit may have 14
115	117		a cause of action against the affiant for any false information or statements provided on the 15
116	118		affidavit or wrongfully using the procedures provided in this Article. 16
117	119		"§ 42-82. Removal of unauthorized persons. 17
118	120		Upon completion of the affidavit before the clerk or the magistrate, the property owner or 18
119	121		authorized representative of the property owner shall provide the original affidavit to the law 19
120	122		enforcement agency with jurisdiction over where the residential property is located. Within 24 20
121	123		hours after receipt of the affidavit, the law enforcement agency shall remove the unauthorized 21
122	124		person from the residential property. If appropriate, the law enforcement agency may arrest any 22
123	125		person found in the property for trespass, outstanding warrants, or any other legal cause. The 23
124	126		property owner or the authorized representative of the property owner may request that the law 24
125	127		enforcement agency stand by to keep the peace while the property owner or authorized 25
126	128		representative of the property owner changes the locks and removes the personal property of the 26
127	129		unauthorized person from the premises to or near the property line. 27
128	130		"§ 42-83. Immunity from liability. 28
129	131		No law enforcement agency, law enforcement officer, clerk of superior court, or magistrate 29
130	132		may be held liable to an unauthorized person or any other person or entity for compliance with 30
131	133		or actions taken in furtherance of the provisions of this Article, including for the loss or 31
132	134		destruction of or damage to personal property, provided that the acts or omissions are made in 32
133	135		good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional 33
134	136		wrongdoing. The property owner or the authorized representative of the property owner is not 34
135	137		liable to an unauthorized person or any other person or entity for the loss or destruction of or 35
136	138		damage to any personal property that arises out of or in any way relates to the removal of an 36
137	139		unauthorized person pursuant to this Article unless the removal was wrongful. 37
138	140		"§ 42-84. Remedy for wrongful removal. 38
139	141		(a) A person may bring a civil cause of action against the affiant for wrongful removal 39
140	142		under this Article. A person harmed by a wrongful removal under this Article may be entitled to 40
141	143		recover possession of the property and may recover from the affiant actual costs and damages 41
142	144		incurred, statutory damages equal to triple the fair market rent of the residence, a civil penalty of 42
143	145		not less than four hundred dollars ($400.00) nor more than four thousand dollars ($4,000) as 43
144	146		determined by a court, court costs, and reasonable attorneys' fees. 44
145	147		(b) This Article does not limit the rights of a property owner or limit the authority of a 45
146	148		law enforcement officer to arrest an unauthorized person for trespassing, vandalism, theft, or 46
147	149		other crimes." 47
148	150		SECTION 2. The Administrative Office of the Courts shall develop and make 48
149	151		available the affidavit form required by G.S. 42-81, as enacted in Section 1 of this act, no later 49
150	152		than September 30, 2025. 50 General Assembly Of North Carolina Session 2025
151		-	Page 4 ~~House Bill 314-First Edition~~
	153	+	Page 4 DRH10084-NO-32
152	154		SECTION 3. Section 1 of this act becomes effective October 1, 2025. The remainder 1
153	155		of this act is effective when it becomes law. 2