Bill Text: NC S224 | 2017-2018 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Landlord Recovery of Expenses/Rule 60 Motion

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2018-06-25 - Ch. SL 2018-50 [S224 Detail]

Download: North_Carolina-2017-S224-Enrolled.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

 

SENATE BILL 224

RATIFIED BILL

 

 

AN ACT to allow landlords to recover out‑of‑pocket expenses in summary ejectment cases.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.1.(a)  G.S. 42‑46(h)(3) reads as rewritten:

"(3)      It is contrary to public policy for a landlord to put in a lease or claim any fee for filing a complaint for summary ejectment and/or money owed other than the ones expressly authorized by subsections (e) through (g) and (i) of this section, and a reasonable attorney's fee as allowed by law."

SECTION 1.1.(b)  G.S. 42‑46 is amended by adding two new subsections to read:

"(i)       Out‑of‑Pocket Expenses. – In addition to the late fees referenced in subsections (a) and (b) of this section and the administrative fees of a landlord referenced in subsections (e) through (g) of this section, a landlord is also permitted to charge and recover from a tenant the following actual out‑of‑pocket expenses:

(1)        Filing fees charged by the court.

(2)        Costs for service of process pursuant to G.S. 1A‑1, Rule 4 of the North Carolina Rules of Civil Procedure and G.S. 42‑29.

(3)        Reasonable attorneys' fees actually incurred, pursuant to a written lease, not to exceed fifteen percent (15%) of the amount owed by the tenant, or fifteen percent (15%) of the monthly rent stated in the lease if the eviction is based on a default other than the nonpayment of rent.

(j)         The out‑of‑pocket expenses listed in subsection (i) of this section are allowed to be included by the landlord in the amount required to cure a default."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 14^th day of June, 2018.

 

 

                                                                    s/  Philip E. Berger

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

 

 

 

 

                                                                        _____________________________________

                                                                         Roy Cooper

                                                                         Governor

 

 

Approved __________.m. this ______________ day of ___________________, 2018