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Current as of January 01, 2023 | Updated by Findlaw Staff
A property owner or an authorized representative of the property owner may initiate an expedited removal proceeding for the removal of an unauthorized person unlawfully occupying residential property pursuant to this Article. The complaint in the proceeding shall allege at least the following:
(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 being unlawfully occupied.
(7) The unauthorized person is not an owner of the property being unlawfully occupied.
(8) There is no pending litigation between the property owner and the unauthorized person related to the residential property.
(9) No other valid rental agreement or contract for deed has been entered into or formed by the property owner or a former property owner and the unauthorized person permitting the unauthorized person to occupy the residential property.
(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 in connection with the occupancy of the residential property.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 14. Criminal Law § 14-159.51. Requirements for removal of unauthorized persons - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-14-criminal-law/nc-gen-st-sect-14-159-51/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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