For years, landlords in North Carolina have struggled to find readily available or feasible remedies when dealing with the presence of certain unwanted occupants on their premises. Specifically, the focus of this blog post will address how the recently enacted provisions of N.C. Gen. Stat. § 14-159.51 will allow property owners (or their authorized representative) to petition for the expedited removal of certain unauthorized persons from their property.
Many landlords have either heard of or personally encountered the following situation: A tenant leaves their unit, but a guest stays behind, prompting the question,
“What should I do with the remaining party?”
The remaining party is not a tenant, as the landlord has never knowingly accepted rental payments from them nor consented to their presence in the unit, and the landlord has not taken any other act to recognize the tenancy or presence of this unauthorized third party. Until recently, many landlords were left to beg law enforcement to remove the unauthorized person or file a civil trespass claim. The first option presents issues because law enforcement is often hesitant to interfere with situations that remotely resemble a tenant removal without a valid court order, and the second requires the property owner to wait an unrealistic amount of time in hopes of receiving later injunctive relief requiring the removal of the unauthorized person.
Pursuant to N.C. Gen. Stat. § 14-159.50, generally, an “unauthorized person” is defined as one who has “no legal claim to the property” nor is entitled to occupy the premises pursuant to a valid contractual agreement, or who has not provided any form of rental payments and is not otherwise authorized to occupy the property. Pursuant to N.C. Gen. Stat. § 14-159.51, a property owner (or an authorized representative) may initiate an “expedited removal proceeding” against the unauthorized person currently in unlawful possession of the premises. It is important to note that the statute makes plain that such proceedings must be used in connection with the removal of a person from “residential property” and not for a person who is deemed to have held over after their lease term has expired. Upon the commencement of an action for expedited removal and after delivery of the summons and complaint to the Sheriff’s Office, the Sheriff shall serve those papers upon the unauthorized person, and a hearing to address the matter is set to occur within 48 hours after such service has been effectuated.
Following the hearing of an expedited removal proceeding, the Court shall render an order that, if in favor of the landlord, shall order that the unauthorized person vacate the premises within four hours of service of that order. If the unauthorized person remains on the premises in violation of the aforesaid court order, then such failure to adhere constitutes an act of criminal trespass. Further, an unauthorized person’s refusal to vacate the premises within the time required would enable the landlord, pursuant to N.C. Gen. Stat. § 14-159.54, to remove the personal belongings of the unauthorized person to or near the property line. Although there are accompanying statutory provisions that allow for certain immunity to be claimed by the landlord, there are other related provisions that allow for the recovery of certain damages by the alleged unauthorized person for a wrongful removal.
At Law Firm Carolinas, we understand that the legal process can be incredibly challenging to navigate. Thankfully, we are available, committed, and eager to assist clients not only in navigating the legal system but also in maximizing their chances of success with a personally tailored strategy to address their legal matter. Whether you have questions regarding North Carolina’s latest expedited removal proceedings or find yourself in need of assistance addressing another legal matter, we await your call.
Attorney Jordan M. Thomas specializes in criminal defense, general civil litigation, driving while impaired (DWI) defense, landlord/tenant matters, and even certain domestic violence matters. Before joining Law Firm Carolinas, he was the very first of his institution to graduate of the Accelerated Juris Doctorate Track. His collective experiences and passion for justice on behalf of his clients is what drives him to zealously and effectively litigate matters in favor of his clients, and to create desirable outcomes.