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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
HOUSE BILL 96
RATIFIED BILL
*H96-v-6*
AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL
OF UNAUTHORIZED PERS ONS FROM PRIVATE PRO PERTY BY A LAW
ENFORCEMENT AGENCY AND TO MODIFY THE LAW RELATED TO PET SHOPS.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 14 of the General Statutes is amended by adding a new Article
to read:
"Article 22D.
"Expedited Removal of Unauthorized Persons from Residential Property.
"§ 14-159.50. Definitions.
The following definitions apply to this Article:
(1) Authorized representative. – A real estate broker or other person who has
written legal authority to act on behalf of a property owner.
(2) Contract for deed. – As defined in G.S. 47H-1.
(3) Law enforcement agency. – A county sheriff 's office, a county police
department, or a municipal police department.
(4) Real estate broker. – As defined in G.S. 93A-2(a).
(5) Residential property. – As defined in G.S. 42A-4.
(6) Tenant. – As defined in G.S. 42-59.
(7) Unauthorized person. – A person or persons occupying residential property
who has no legal claim to the property , is not entitled to occupy it under a
valid rental agreement or contract for deed, has not paid any rent or other form
of payment to the property owner o r an authorized representative of the
property owner in connection with the occupancy of the property , and is not
otherwise authorized to occupy the property. This term does not include a
tenant who holds over after the lease term has expired under G.S. 42-26.
"§ 14-159.51. Requirements for removal of unauthorized persons.
A property owner or an authorized representative of the property owner may initiate an
expedited removal proceeding for the removal of an unauthorized person unlawfully occupying
residential property pursuant to this Article. The complaint in the proceeding shall allege at least
the following:
(1) The requesting party is the property owner or the authorized representative of
the property owner.
(2) The property that is being unlawfully occupied is residential property or
property used in connection with or appurtenant to residential property.
(3) An unauthorized person has entered the property after the property owner
acquired the property and is remaining or residing unlawfully on the
residential property of the property owner.
(4) The property was not offered or intended as an accommodation for the general
public at the time the unauthorized person entered.
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(5) The property owner or the authorized representative of the property owner has
directed the unauthorized person to leave the residential property.
(6) The unauthorized person is not a tenant of the owner of the property being
unlawfully occupied.
(7) The unauthorized person is not an owner of the property being unlawfully
occupied.
(8) There is no pending litigation between the property owner and the
unauthorized person related to the residential property.
(9) No other valid rental agreement or contract for deed has been entered into or
formed by the property owner or a former property owner and the
unauthorized person permitting the unauthorized person to occupy the
residential property.
(10) No rent or other form of payment has ever been demanded of or paid by the
unauthorized person to the property owner or to an authorized representative
of the property owner in connection with the occupancy of the residential
property.
"§ 14-159.52. Removal of unauthorized persons.
(a) An expedited removal proceeding shall commence with the filing of a complaint and
issuance of a summons in the county where the property is located. If the office of the clerk of
the superior court is closed, the complaint shall be filed with , and the summons issued by, a
magistrate. The com plainant shall provide the summons and the complaint to the sherif f. The
service of the summons and complaint for expedited removal shall be made by the sheriff on the
unauthorized person personally or by posting a copy of the summons and complaint on the front
door of the property and shall be made within 24 hours of the sheriff receiving the summons and
complaint for service. The sheriff, upon service, shall promptly file a return. A hearing on the
expedited removal shall be held before a magistrate in the county where the property is located
as soon as practicable, but no more than 48 hours after such service. To the extent that the
provisions of this Article conflict with the Rules of Civil Procedure, Chapter 1A of the General
Statutes, with respect to the comme ncement of an action or service of process, this Article
controls.
(b) If the court finds for the property owner or authorized representat ive of the property
owner, the court shall immediately enter a written order granting the property owner o r
authorized representative of the property owner possession and stating the time when the
unauthorized person shall vacate the property. In no case shall this time be more than four hours
after service of the order on t he unauthorized person. The court 's order shall be served on the
unauthorized person at the hearing. If the unauthorized person does not appear at the hearing or
leaves before the order is served, the complainant shall provide a copy of the order to the sheriff
and the order shall be served by delivering the order to the unauthorized person or by posting the
order on the front door of the property by the sheriff within 24 hours of the sheriff receiving the
order for service. The sheriff, upon service, shall file a return.
"§ 14-159.53. Appeal.
An unauthorized person, property owner, or authorized representative of the property owner
may appeal a court order issued pursuant to G.S. 14-159.52(b) to the district court for a trial de
novo. If the court finds for the property owner o r the authorized representative of the property
owner, the court shall determine the amount of the appeal bond that the unauthorized person shall
be required to post should the unauthorized person seek to appeal the court order. The amount of
the bond shall be a minimum of ten thousand dollars ($10,000), but may be set at a higher amount
based on an estimate of the rent that could reasonably be charged for a valid rental of the property
during the time the unauthorized person is prosecuting the appeal and re asonable damages that
the property owner may suffer, including damage to property and damages arising from the
House Bill 96-Ratified Page 3
inability of the property owner to reside in or rent the property during the unauthorized person's
possession of the property.
"§ 14-159.54. Violation of court order.
If the court has entered an order of removal and an unauthorized person fails to remove
personal property from the residential property within the time allowed by the order, the property
owner or authorized representative of the property owner may remove the personal property from
the premises to or near the property line. The failure of an unauthorized person to vacate a
residential property in accordance with a court order issued pursuant to G.S. 14-159.52(b) shall
constitute a criminal trespass under G.S. 14-159.13(a)(1).
"§ 14-159.55. Immunity from liability.
No law enforcement agency, law enforcement officer, or magistrate may be held liable to an
unauthorized person or any other person or entity for c ompliance with or actions taken in
furtherance of the provisions of this Article, including for the loss or destruction of or damage to
personal or real property, provided that the acts or omissions are made in good faith and do not
constitute gross negligence, willful o r wanton misconduct, or intentional wrongdoing. The
property owner or the authorized representative of the property owner is not liable to an
unauthorized person or any other person or entity for the loss or destruction of or damage to any
personal property that arises out of or in any way relates to the removal of an unauthorized person
pursuant to this Article unless the removal was wrongful.
"§ 14-159.56. Remedy for wrongful removal.
(a) A person may bring a civil cause of action against the property owner or authorized
representative for wrongful removal under this Article. A person harmed by a wrongful removal
under this Article may be entitled to recover possession of the property and may recover from
the property owner or authorized representative damages limited to actual damages as in an action
for trespass or conversion and shall not include punitive damages, treble damages , or damages
for emotional distress.
(b) This Article does not limit the rights of a property owner or limit the authority of a
law enforcement officer to arrest an un authorized person for trespassing, vandalism, theft, or
other crimes."
SECTION 2. The Administrative Office of the Courts shall develop and m ake
available the affidavit form required by G.S. 14-159.52, as enacted in Section 1 of this act, no
later than September 30, 2025.
SECTION 3. Article 3 of Chapter 19A of the General Statutes is amended by adding
a new section to read:
"§ 19A-27.5. State uniformity for operation of pet shops.
(a) Notwithstanding any other provision of law, no local government or other political
subdivision of the State may enact, maintain, or enforce any ordinance, resolution, or other
enactment that does either of the following:
(1) Prohibits or restricts the sale of animals by a pet shop licensed pursuant to this
Article.
(2) Imposes additional licensing, operational, or regulatory requirements on pet
shops beyond those established by State law.
(b) The Board of Agriculture shall have exclusive authority to regulate the operation of a
pet shop as provided by this Article."
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SECTION 4. Section 1 of this act becomes effective December 1, 2025. The
remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30th day of June, 2025.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Donna McDowell White
Presiding Officer of the House of Representatives
_____________________________________
Josh Stein
Governor
Approved __________.m. this ______________ day of ___________________, 2025