North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S113 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 113
	3	+	S D
	4	+	SENATE BILL DRS15032-NO-20B
	5	+
5	6
6	7
7	8		Short Title: Removal of Squatters from Private Property. (Public)
8	9		Sponsors: Senators Settle, Sawyer, and Lazzara (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~February 18, 2025~~
11		-	~~S113 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15032 -NO-20B
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL 2
14	15		OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW 3
15	16		ENFORCEMENT AGENCY. 4
16	17		The General Assembly of North Carolina enacts: 5
17	18		SECTION 1. Chapter 42 of the General Statutes is amended by adding a new Article 6
18	19		to read: 7
19	20		"Article 8. 8
20	21		"Expedited Removal of Unauthorized Persons from Residential Property. 9
21	22		"§ 42-79. Definitions. 10
22	23		The following definitions apply to this Article: 11
23	24		(1) Authorized representative. – A real estate broker or other person who has 12
24	25		written legal authority to act on behalf of a property owner. 13
25	26		(2) Contract for deed. – As defined in G.S. 47H-1. 14
26	27		(3) Law enforcement agency. – A county sheriff's office, a county police 15
27	28		department, or a municipal police department. 16
28	29		(4) Real estate broker. – As defined in G.S. 93A-2(a). 17
29	30		(5) Residential property. – As defined in G.S. 42A-4. 18
30	31		(6) Tenant. – As defined in G.S. 42-59. 19
31	32		(7) Unauthorized person. – A person or persons occupying residential property 20
32	33		who has no legal claim to the property, is not entitled to occupy it under a 21
33	34		valid rental agreement or contract for deed signed by the property owner or 22
34	35		the property owner's authorized representative, has not paid any rent or other 23
35	36		form of payment to the property owner or an authorized representative of the 24
36	37		property owner in connection with the occupancy of the property, and is not 25
37	38		otherwise authorized to occupy the property. This term does not include a 26
38	39		tenant who holds over after the lease term has expired under G.S. 42-26. 27
39	40		"§ 42-80. Requirements for removal of unauthorized persons. 28
40	41		A property owner or an authorized representative of the property owner may request from a 29
41	42		law enforcement agency with jurisdiction over where the residential property is located the 30
42	43		removal of an unauthorized person unlawfully occupying the residential property pursuant to this 31
43	44		Article if all of the following conditions are met: 32
44	45		(1) The requesting party is the property owner or the authorized representative of 33
45	46		the property owner. 34
46	47		(2) The property that is being unlawfully occupied is residential property or 35
47		-	property used in connection with or appurtenant to residential property. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 113-First Edition
	48	+	property used in connection with or appurtenant to residential property. 36
	49	+	FILED SENATE
	50	+	Feb 17, 2025
	51	+	S.B. 113
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS15032-NO-20B
49	54		(3) An unauthorized person has entered the property after the property owner 1
50	55		acquired the property and is remaining or residing unlawfully on the 2
51	56		residential property of the property owner. 3
52	57		(4) The property was not offered or intended as an accommodation for the general 4
53	58		public at the time the unauthorized person entered. 5
54	59		(5) The property owner or the authorized representative of the property owner has 6
55	60		directed the unauthorized person to leave the residential property. 7
56	61		(6) The unauthorized person is not a tenant. 8
57	62		(7) There is no pending litigation between the property owner and the 9
58	63		unauthorized person related to the residential property. 10
59	64		(8) No other valid rental agreement or contract for deed has been entered into or 11
60	65		formed by the property owner or a former property owner and the 12
61	66		unauthorized person permitting the unauthorized person to occupy the 13
62	67		residential property. 14
63	68		(9) No rent or other form of payment has ever been demanded of or paid by the 15
64	69		unauthorized person to the property owner or to an authorized representative 16
65	70		of the property owner in connection with the occupancy of the residential 17
66	71		property. 18
67	72		"§ 42-81. Expedited removal affidavit. 19
68	73		(a) To request the immediate removal of an unauthorized person from residential 20
69	74		property, the property owner or an authorized representative of the property owner must appear 21
70	75		before the clerk of superior court in the county where the property is located and complete a 22
71	76		sworn affidavit on a form created pursuant to subsection (c) of this section. If the office of the 23
72	77		clerk of superior court is closed, the property owner or an authorized representative of the 24
73	78		property owner may complete the sworn affidavit before a magistrate in the county where the 25
74	79		property is located. The clerk of superior court or the magistrate shall sign the affidavit verifying 26
75	80		that the property owner or the authorized representative of the property owner appeared before 27
76	81		him or her and swore under oath or affirmation to the information contained therein. The property 28
77	82		owner shall pay to the clerk of court or the magistrate a fee of twenty-five dollars ($25.00) for 29
78	83		completion of the sworn affidavit. 30
79	84		(b) The affidavit shall allege all of the following: 31
80	85		(1) The affiant is the property owner or the authorized representative of the 32
81	86		property owner. 33
82	87		(2) An unauthorized person has entered after the property owner acquired the 34
83	88		property and is remaining or residing unlawfully on residential property of the 35
84	89		property owner. 36
85	90		(3) The unauthorized person has been directed by the property owner or the 37
86	91		authorized representative of the property owner to leave the property, but the 38
87	92		unauthorized person remains on the property. 39
88	93		(4) The property was not offered or intended as an accommodation for the general 40
89	94		public at the time the unauthorized person entered the residential property. 41
90	95		(5) The unauthorized person is not a tenant pursuant to any valid lease authorized 42
91	96		by the property owner. 43
92	97		(6) The unauthorized person is not an owner or co-owner of the property and has 44
93	98		not been listed on the valid record title to the property. 45
94	99		(7) The property owner has not entered into a contract for deed, installment land 46
95	100		contract, rent-to-own agreement, lease with option to purchase, or any other 47
96	101		contract in which the property owner agreed to sell an interest in the residential 48
97	102		property to the unauthorized person. 49 General Assembly Of North Carolina Session 2025
98		-	~~Senate Bill 113-First Edition~~ Page 3
	103	+	DRS15032-NO-20B Page 3
99	104		(8) The property owner has never demanded nor received rent or other form of 1
100	105		payment directly from the unauthorized person in connection with the 2
101	106		occupancy of the residential property. 3
102	107		(9) There is no litigation related to the property pending between the property 4
103	108		owner and the unauthorized person. 5
104	109		(c) The Administrative Office of the Courts, in consultation with the North Carolina 6
105	110		Sheriffs' Association and the North Carolina Association of Chiefs of Police, shall develop a 7
106	111		form for the affidavit required by this section. In addition to the required allegations set forth in 8
107	112		subsection (b) of this section, the form shall require the property owner to provide the property 9
108	113		address and may include space for the property owner to provide information that may assist law 10
109	114		enforcement in identifying the unauthorized person. The form shall also include clear language 11
110	115		notifying the affiant that providing false information or statements on the affidavit is perjury 12
111	116		pursuant to G.S. 14-209 and punishable as a Class F felony. The form shall further notify the 13
112	117		affiant that any person removed from the residential property as a result of the affidavit may have 14
113	118		a cause of action against the affiant for any false information or statements provided on the 15
114	119		affidavit or wrongfully using the procedures provided in this Article. 16
115	120		"§ 42-82. Removal of unauthorized persons. 17
116	121		Upon completion of the affidavit before the clerk or the magistrate, the property owner or 18
117	122		authorized representative of the property owner shall provide the original affidavit to the law 19
118	123		enforcement agency with jurisdiction over where the residential property is located. Within 24 20
119	124		hours after receipt of the affidavit, the law enforcement agency shall remove the unauthorized 21
120	125		person from the residential property. If appropriate, the law enforcement agency may arrest any 22
121	126		person found in the property for trespass, outstanding warrants, or any other legal cause. The 23
122	127		property owner or the authorized representative of the property owner may request that the law 24
123	128		enforcement agency stand by to keep the peace while the property owner or authorized 25
124	129		representative of the property owner changes the locks and removes the personal property of the 26
125	130		unauthorized person from the premises to or near the property line. 27
126	131		"§ 42-83. Immunity from liability. 28
127	132		No law enforcement agency, law enforcement officer, clerk of superior court, or magistrate 29
128	133		may be held liable to an unauthorized person or any other person or entity for compliance with 30
129	134		or actions taken in furtherance of the provisions of this Article, including for the loss or 31
130	135		destruction of or damage to personal property, provided that the acts or omissions are made in 32
131	136		good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional 33
132	137		wrongdoing. The property owner or the authorized representative of the property owner is not 34
133	138		liable to an unauthorized person or any other person or entity for the loss or destruction of or 35
134	139		damage to any personal property that arises out of or in any way relates to the removal of an 36
135	140		unauthorized person pursuant to this Article unless the removal was wrongful. 37
136	141		"§ 42-84. Remedy for wrongful removal. 38
137	142		(a) A person may bring a civil cause of action against the affiant for wrongful removal 39
138	143		under this Article. A person harmed by a wrongful removal under this Article may be entitled to 40
139	144		recover possession of the property and may recover from the affiant actual costs and damages 41
140	145		incurred, statutory damages equal to triple the fair market rent of the residence, a civil penalty of 42
141	146		not less than four hundred dollars ($400.00) nor more than four thousand dollars ($4,000) as 43
142	147		determined by a court, court costs, and reasonable attorneys' fees. 44
143	148		(b) This Article does not limit the rights of a property owner or limit the authority of a 45
144	149		law enforcement officer to arrest an unauthorized person for trespassing, vandalism, theft, or 46
145	150		other crimes." 47
146	151		SECTION 2. The Administrative Office of the Courts shall develop and make 48
147	152		available the affidavit form required by G.S. 42-81, as enacted in Section 1 of this act, no later 49
148	153		than September 30, 2025. 50 General Assembly Of North Carolina Session 2025
149		-	Page 4 ~~Senate Bill 113-First Edition~~
	154	+	Page 4 DRS15032-NO-20B
150	155		SECTION 3. Section 1 of this act becomes effective October 1, 2025. The remainder 1
151	156		of this act is effective when it becomes law. 2