North Carolina’s Expedited Procedure for Dealing with Unauthorized Occupants
If you are a property owner with unauthorized non-tenant occupants living on your property, you now have a direct, expedited way to remove those unauthorized persons and recover possession of your property. New legislation addresses the problem of how to evict when no landlord-tenant relationship exists and “summary ejectment” proceedings don’t apply.
The General Assembly of North Carolina recently ratified House Bill 96. This bill, titled “An Act to Create an Alternative Remedy for the Expedited Removal of Unauthorized Persons from Private Property by a Law Enforcement Agency and to Modify the Law Related to Pet Shops,” provides landlords and property owners an expedited process for the removal of unauthorized persons from residential property. This new process is governed by N.C. Gen. Stat. § 14-159.52 and became effective December 1, 2025.
Under this new law, “unauthorized person” means “a person or persons occupying residential property who has no legal claim to the property, is not entitled to occupy it under a valid rental agreement or contract for deed, has not paid any rent or other form of payment to the property owner or an authorized representative of the property owner in connection with the occupancy of the property, and is not otherwise authorized to occupy the property.” Basically, this new law is specifically for persons who are not a tenant, do not have a signed lease, or have never paid rent.
What’s the Procedure?
The first step is to send a notice to the unauthorized occupant demanding possession of the property. After the demand letter is sent and the time for them to vacate expires, you can file a complaint and summons in the county where the property is located. The summons and complaint are provided to the sheriff, who must serve the unauthorized persons within 24 hours. After the unauthorized persons were served, the sheriff then files a return. Next, a hearing is held before a magistrate as soon as possible, but no more than 48 hours after the unauthorized person was served. If the court rules in favor of the property owner, the court immediately enters an order granting possession to the property owner and stating the time the unauthorized person must vacate, which cannot be more than 4 hours after the order is served on the unauthorized person. Of course, all parties have a right to appeal the magistrate’s order for a new trial. However, if the unauthorized occupant appeals an unfavorable decision against them, the court will set an appeal bond that the unauthorized occupant must first pay to appeal. The appeal bond will be at least $10,000 and could potentially be more based on estimated market rent during the appeal and other reasonable damages.
The Complaint
The complaint form can be found at AOC-CVM-407. Before filing a complaint, at least the following should be true:
1. The requesting party is the property owner or the authorized representative of the property owner
2. The property that is being unlawfully occupied is residential property or property used in connection with or appurtenant to residential property
3. An unauthorized person has entered the property after the property owner acquired the property and is remaining or residing unlawfully on the residential property of the property owner
4. The property was not offered or intended as an accommodation for the general public at the time the unauthorized person entered
5. The property owner or the authorized representative of the property owner has directed the unauthorized person to leave the residential property
6. The unauthorized person is not a tenant of the owner of the property
7. The unauthorized person is not an owner of the property
8. There is no pending litigation between the property owner and the unauthorized person related to the residential property
9. There is no other valid rental agreement or contract for deed that has been entered into or formed
10. No rent or other form of payment has ever been demanded of or paid by the unauthorized person to the property owner or to an authorized representative of the property owner
What happens if, after judgment, the unauthorized person does not leave or remove their belongings within the allotted time?
If the unauthorized person fails to vacate, then it would constitute a criminal trespass under N.C. Gen. Stat. § 14-159.13(a)(1). If the unauthorized person fails to remove personal property, the property owner or authorized representative may remove the unauthorized person’s personal property from the property and move it to or near property line.
Blanco Tackabery handles a plethora of landlord tenant cases throughout this great state of North Carolina, and we handle a wide variety of issues and situations. If you are a property owner, property manager, or landlord dealing with an unauthorized occupant living on your property, we are ready to help you understand this process and get back what is yours.
Daphne Myers works with the Property Management Practice Group, Civil Litigation Practice Group and Affordable Housing and Community Development Practice Group at Blanco Tackabery. Daphne represents individuals and businesses in civil litigation.