Gov. McCrory Signs Bill That Shortens Eviction Time

July 24, 2013 at 5:16 pm Leave a comment

From the Apartment Association of North Carolina‘s announcement that Gov. Pat McCrory today signed House Bill 802:

Many North Carolina housing providers have struggled for many years with the length of the process for evicting a non-paying tenant. Each day that the tenant remains in the rental unit is another day of unpaid rent and another day that the unit cannot be prepared and marketed for a new tenant. In some urban areas of the state it takes 45 days or more to complete the eviction (12% of the income producing capability for that property). This legislation addresses some of the areas in the system that can assist in speeding up the eviction process as follows:

  • would require magistrates to make their decisions the same day of the conclusion of the evidence, except magistrates may take 5 days for more complex summary ejectment cases which are spelled out in the bill
  • would only allow a magistrate to continue a case for not more than five days or until the next session of court, whichever is longer, unless the parties have both consented
  • would reduce the time frame from 20 days to 10 days to pay the costs of court to appeal a case
  • would require the tenant in an appeal to state a defense orally or in writing and make any necessary bond payments or the landlord can file a motion to dismiss the appeal
  • would reduce from 10 days to 7 days the time required to hold a tenant’s property once a summary ejectment is won and a writ to obtain the rental property is executed

The new law goes into effect September 1, 2013. If you’d like to read the full text of the bill you can find it here.

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Entry filed under: AANC, Government Affairs, North Carolina, State. Tags: , , , , , .

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