A BILL TO BE ENTITLED
AN ACT to make technical corrections to landlord/tenant law and to provide for proper collection of fees and costs for sheriffs executing writs of possession.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 42‑25.9 reads as rewritten:
"§ 42‑25.9.  Remedies.
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(d)	If any tenant abandons personal property of seven hundred fifty dollar ($750.00) value or less in the demised premises, or fails to remove such property at the time of execution of a writ of possession in an action for summary ejectment or when the sheriff locks the premises pursuant to G.S. 42‑36.2(a)(1), the landlord may, as an alternative to the procedures provided in G.S. 42‑25.9(g), 42‑25.9(h), or 42‑36.2, deliver the property into the custody of a nonprofit organization regularly providing free or at a nominal price clothing and household furnishings to people in need, upon that organization agreeing to identify and separately store the property for 30 days and to release the property to the tenant at no charge within the 30‑day period. A landlord electing to use this procedure shall immediately post at the demised premises a notice containing the name and address of the property recipient, post the same notice for 30 days or more at the place where rent is received, and send the same notice by first‑class mail to the tenant at the tenant's last known address. Provided, however, that the notice shall not include a description of the property.
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(g)	Seven days after being placed in lawful possession by execution of a writ of possession or when the sheriff locks the premises pursuant to G.S. 42‑36.2(a)(1), a landlord may dispose of personal property remaining on the premises in accordance with the provisions of this section and G.S. 42‑36.2(b), except that in the case of the lease of a space for a manufactured home as defined in G.S. 143‑143.9(6), G.S. 44A‑2(e2) shall apply to the disposition of a manufactured home with a current value in excess of five hundred dollars ($500.00) and its contents by a landlord after being placed in lawful possession by execution of a writ of possession. During the seven‑day period described in this subsection, a landlord may move for storage purposes, but shall not throw away, dispose of, or sell any items of personal property remaining on the premises unless otherwise provided for in this Chapter. Upon the tenant's request prior to the expiration of the seven‑day period, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. If the landlord elects to sell the property at public or private sale, the landlord shall give written notice to the tenant by first‑class mail to the tenant's last known address at least seven days prior to the day of the sale. The seven‑day notice of sale may run concurrently with the seven‑day period which allows the tenant to request possession of the property. The written notice shall state the date, time, and place of the sale, and that any surplus of proceeds from the sale, after payment of unpaid rents, damages, storage fees, and sale costs, shall be disbursed to the tenant, upon request, within seven days after the sale, and will thereafter be delivered to the government of the county in which the rental property is located. Upon the tenant's request prior to the day of sale, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. The landlord may apply the proceeds of the sale to the unpaid rents, damages, storage fees, and sale costs. Any surplus from the sale shall be disbursed to the tenant, upon request, within seven days of the sale and shall thereafter be delivered to the government of the county in which the rental property is located.
(h)	If the total value of all property remaining on the premises at the time of execution of a writ of possession in an action for summary ejectment is less than five hundred dollars ($500.00), the property shall be deemed abandoned five days after the time of execution or when the sheriff locks the premises pursuant to G.S. 42‑36.2(a)(1), and the landlord may throw away or dispose of the property. Upon the tenant's request prior to the expiration of the five‑day period, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon."
SECTION 2.  G.S. 7A‑311(b) reads as rewritten:
"§ 7A‑311.  Uniform civil process fees.
(b)	All fees that are required to be assessed, collected, and remitted under subsection (a) of this section shall be collected in  advance, except in suits in forma pauperis. When the fee is not collected in advance or at the time of assessment, a lien shall exist in favor of the county on all property of the party owing the fee. If the fee remains unpaid it shall be entered as a judgment against the debtor and shall be docketed in the judgment docket in the office of the clerk of superior court."
SECTION 3.(a)  G.S. 1‑474 reads as rewritten:
"§ 1‑474.  Order of seizure and delivery to plaintiff.
(a)	Order. – The clerk of court may, upon notice and hearing as provided in G.S. 1‑474.1 and upon the giving by the plaintiff of the undertaking prescribed in G.S. 1‑475, require the sheriff of the county where the property claimed is located to take the property from the defendant and deliver it to the plaintiff. The act of the clerk in issuing or refusing to issue the order to the sheriff is a judicial act and may be appealed pursuant to G.S. 1‑301.1 to the judge of the district or superior court having jurisdiction of the principal action.
(b)	Expiration of Certain Orders. – When delivery of property is claimed from a debtor who allegedly defaulted on his payments for personal property purchased under a conditional sale contract, a purchase money security agreement or on a loan secured by personal property, an order of seizure and delivery to the plaintiff for that property expires 60 days after it is issued.
(c)	Fee Deposit. – Upon issuance of the order described in subsection (a), the clerk of court shall collect an amount from the plaintiff not to exceed one hundred dollars ($100.00). The clerk shall determine the amount of the deposit based upon the value of the property as attested under G.S. 1‑473, evidence presented at the hearing described in G.S. 1‑474.1, or any other source the clerk deems appropriate. The fee deposit shall be given to the sheriff with the order and shall be used to offset the lawful fees and necessary expenses for taking and caring for property seized pursuant to this Article."
SECTION 3.(b)  G.S. 1‑476 reads as rewritten:
"§ 1‑476.  Sheriff's duties.
Upon the receipt of the order from the clerk with the plaintiff's undertaking and the fee deposit described in G.S. 1‑474(c), the sheriff shall forthwith take the property described in the affidavit, if it is in the possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent, from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion."
SECTION 3.(c)  G.S. 1‑481 reads as rewritten:
"§ 1‑481.  Care and delivery of seized property.
When the sheriff has taken property, as provided in this Article, he must keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking and his necessary expenses for keeping the property, minus any amount received pursuant to G.S. 1‑474(c). If the amount due under this section is less than the amount received pursuant to G.S. 1‑474(c), then the sheriff shall return the excess amount to the depositor. In the event that a third party intervener is entitled to possession of the property, any amount received pursuant to G.S. 1‑474(c) shall be returned to the depositor."
SECTION 4.  This act becomes effective October 1, 2015.