GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1011

Short Title:  Avoid Unnecessary Evictions.	(Public)
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Sponsors: Representatives Barnes; and Colton.
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Referred to:  Commerce.
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April 19, 1991

A BILL TO BE ENTITLED
AN ACT TO AVOID UNNECESSARY EVICTIONS BY CLARIFYING AND MODERNIZING THE PROCEDURES FOR THE CURING OF DEFAULTS ON RENT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 42-33 reads as rewritten:
"§ 42-33. Rent and costs tendered by tenant.
(a)	If, in any action brought to recover the possession of demised premises upon a forfeiture for the nonpayment of rent, the tenant, or someone acting on behalf of the tenant, before judgment given in such action, pays or tenders the rent due, any legitimate late fee, and the costs of the action, all further proceedings in such action shall cease. If the plaintiff further prosecutes his action, and the defendant pays into court for the use of the plaintiff a sum equal to that which shall be found to be due, and the costs, to the time of such payment, or to the time of a tender and refusal, if one has occurred, the defendant shall recover from the plaintiff all subsequent costs; the plaintiff shall be allowed to receive the sum paid into court for his use, and the proceedings shall be stayed.
(b)	The tenant may exercise the rights of curing the default for nonpayment of rent in subsection (a) at any stage of the action prior to final judgment, including during the pendency of an appeal from the judgment of a magistrate for a new trial in the district or superior court.
(c)	If a landlord has obtained a final judgment for possession of demised premises, the time for appeal has expired, and the tenant nevertheless pays to the landlord all rents, legitimate late fees, and costs through the date of judgment, the judgment and any writ for possession shall be void and unenforceable."
Sec. 2.  This act becomes effective October 1, 1991.