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North Carolina’s New “Expedited Removal” Law: What Brokers Need to Know
- Skyline
- Aug 12
- 4 min read
North Carolina has enacted Session Law 2025-88 (Senate Bill 55) creating an alternative, fast-track court process to remove unauthorized persons from residential property. It does not replace summary ejectment; it adds a new option with compressed timelines and specific prerequisites.
Disclaimer: This article is educational and not legal advice. Brokers should consult counsel before using the new procedure.
Video Overview:
The Big Picture
Who can initiate? A property owner or the owner’s authorized representative—including a real estate broker—who has written legal authority to act for the owner.
Who is an “unauthorized person”? Someone occupying the property with no legal claim, no valid lease or contract for deed, no rent/payment made to the owner or authorized representative, and no other authorization. Holdover tenants are expressly excluded from this definition.
What properties? Residential property (as defined by statute).https://www.skylineschool.net/chat-gpt-course
When You May Use the New Process
To use the expedited remedy, the complaint must affirm (among other points):
You are the owner or authorized representative.
The location is residential property (or used with it).
The person entered after the owner acquired the property and is remaining unlawfully.
The property was not being offered to the general public as an accommodation at the time of entry.
You (or the owner) directed the person to leave.
The individual is not a tenant and not an owner; no pending litigation between the parties about the property.
No valid lease/contract for deed exists and no rent/payment was ever demanded or paid.
Not for: Holdover tenants under G.S. 42-26; situations with a colorable lease, contract for deed, or any rent paid; or where related litigation is already pending.
How the Expedited Process Works (Step-by-Step)
File & Summons: File a complaint in the county where the property sits (with the clerk or, if the clerk’s office is closed, with a magistrate). If occupants’ names are unknown, you may caption “John/Jane Doe and all Occupants.”
Service by Sheriff within 24 Hours: The sheriff serves the summons/complaint personally or by posting to the front door within 24 hours of receiving them.
Hearing within 48 Hours of Service: A magistrate hearing must occur no more than 48 hours after service. If the expedited statute conflicts with the Rules of Civil Procedure on starting an action or service, this Article controls.
Order & Move-Out Window (Up to 4 Hours): If the owner/authorized representative prevails, the court issues a written possession order and sets the vacate time—no more than four hours after service of the order. If the person isn’t present at the hearing, the sheriff serves or posts the order within 24 hours of receiving it.
Personal Property: If the person fails to remove belongings in time, the owner/authorized representative may move personal property to or near the property line.
Appeals & Bonds
Any party may appeal to district court for a trial de novo. If the owner/authorized representative won below, the court sets an appeal bond that an unauthorized person must post to appeal—at least $10,000, potentially more based on estimated market rent during the appeal and other reasonable damages.
Enforcement and Liability
Ignoring the Order = Criminal Trespass: Failure to vacate under the court’s order constitutes criminal trespass under G.S. 14-159.13(a)(1).
Wrongful Removal Remedy (Civil): A harmed person may sue the owner/authorized rep for wrongful removal—seeking possession plus actual damages (as in trespass or conversion). No punitive, treble, or emotional-distress damages. These remedies supplement existing rights.
Effective Date
The law takes effect December 1, 2025 (ratified July 30, 2025; signed Aug. 6, 2025). Brokers should prepare policies and forms before that date.
Practical Guidance for North Carolina Brokers
Get Written Authority, Every Time. You qualify as an “authorized representative” only with written legal authority from the owner. Update listing/property-management agreements and internal checklists.
Screen for Eligibility Before Filing. Confirm there’s no lease or contract for deed, no rent ever paid/demanded, no pending litigation, and the person isn’t a holdover tenant. Document these points (texts, emails, ads, photos of posted notices).
Move Fast, But Keep Records. Timelines are tight: 24-hour service, 48-hour hearing, ≤4-hour move-out after order service. Keep filed copies and sheriff’s returns; they’ll be critical if the case is appealed or challenged.
Train Your Team on What This Is—and Isn’t. This is not for tenant disputes or gray-area occupancy claims. If there’s any evidence of a lease, rent paid, or a purchase-type agreement, don’t use the expedited remedy; consult counsel about the proper process.
Coordinate Respectful, Lawful Removals. If an order issues, plan logistics with the owner and sheriff (timing, key turnover, handling of belongings to the property line). Be mindful of fair-housing obligations and avoid discriminatory application of the process.
Prepare for Possible Appeals. If an appeal is filed, know that the unauthorized person must typically post a bond of at least $10,000 (and possibly more). Preserve all evidence of rent value and damages to support bond calculations.
Quick Reference Timeline
File complaint/summons (clerk or magistrate).
Serve within 24 hours (sheriff; personal service or posting).
Hearing within 48 hours of service (magistrate).
Vacate ≤4 hours after order service (sheriff can serve/post order within 24 hours if needed).
FAQs
Can we name “John/Jane Doe and all Occupants” if we don’t know who’s inside? Yes, the statute permits it.
What if the occupant refuses to leave after the order? Remaining on the property in violation of the order is criminal trespass.
Are we risking damages if we get it wrong? A person wrongfully removed can sue for actual damages (not punitive/treble/emotional distress). Keep careful records to show you met the statute’s conditions.
Bottom Line for Brokers
This new Article provides a powerful, fast option for clear-cut non-tenant intrusions into residential property—if you have written authority and can make each required showing. Start updating your listing/property-management agreements, broker manuals, and training now so you’re ready on December 1, 2025.
Do you think that expedited removals will be a good thing for North Carolina? Let us know in the comments or share with a colleague in an upcoming CE Class!
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