Monday, May 9, 2011


House Bill 493 is advancing! To most readers that probably sounds about as interesting as "Blah Blah Blah, Blah Blah." If you are a landlord or property manager in North Carolina you will want to become more informed about H493 and possibly make a telephone call or two supporting it.

Why You Should Care.
As many of you are aware there is not exactly a level playing field when you get to court with under North Carolina landlord tenant laws as they are generally applied. The laws have been drifting towards the tenants for some time now. It was determined that the current political make-up of the state legislature made it a good time to try and change that. So far I have written about the Anti-Prop bill here. There are several other bills in addition to the Anti-Prop that have been introduced with the assistance of the Apartment Association of North Carolina and local affiliates such as the Triangle Apartment Association, to make life just a little easier for the North Carolina landlords.

Back to the topic at hand: H493-Landlord Tenant Changes:

This bill addresses several sections of the North Carolina Landlord Tenant Law, N.C. Gen. Stat. 42.

What Does H493 Change?

The changes proposed in H493 include:

d. Requiring tenant to pay into court amounts to cover landlord’s “reasonable damages” and costs upon appeal of summary ejectment action;
e. Allowing clerk to issue writ of possession if tenant is five days late on undertaking for appeal;
f. Reducing time for tenant to collect property after eviction from ten to five days;
g. Landlord’s acceptance of partial rent payment is no longer a defense to eviction action for holdover; and
h. Providing for a “cleaning fee” in vacation rentals.

The following proposed changes were removed by the committee:

a. Expediting securing of rental premises after death of sole tenant;
b. Allowing landlord to give dead tenant’s property to next of kin;
c. Providing for service of summons by “authorized process server,” and not just “sheriff;”

Where is H493 now?
H493 is currently scheduled for discussion and a vote by the entire House on May 16, 2011.

What Can I Do?

You can show your support by contacting your local house representative and letting them know that you are in favor of the bill and that you would like them to support it too.

No comments:

Post a Comment

Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Nothing in this blog shall create an attorney-client relationship. The opinions expressed herein are those of the blogger and not of the PRAET LAW FIRM, PLLC.