Congratulations to the Apartment Association of North Carolina, the Triangle Apartment Association, and all who supported the Residential Buildings Inspections Bill. On June 23, 2011, the Residential Inspections Bill, H 683 became law in North Carolina.
This bill was developed by the AANC in response to Raleigh's Probationary Rental Occupancy Ordinance, and other similar programs, that impose significant fees on landlords with little benefit to either the the landlords or tenants of North Carolina.
Key provisions of the law provide:
• A prohibition mandatory inspections/pre-occupancy inspections. The City of Durham made no attempt to hide the fact that they wanted a City-wide inspection program, and this law stops such proposals in their tracks.
• For many owner/operators, fees will drop by thousands of dollars per-property: only $50 for properties that have 20 or more rental units; $25.00 for properties that have 4 to 19 units; and $15 for properties with three or less units.
• Better yet, only cities with EXISTING registration programs can charge fees. At present, only the Town of Garner and City of Raleigh have such ordinances in place. Effective June 1, no other locality may create one -- another huge achievement!
Norm Praet, Esq.
North Carolina Landlord Tenant Lawyer
Showing posts with label AANC. Show all posts
Showing posts with label AANC. Show all posts
Wednesday, June 22, 2011
Monday, May 9, 2011
LANDLORD TENANT LAW CHANGES DESIGNED TO LEVEL THE PLAYING FIELD
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.
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.
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