§ 42-25.9. Remedies.

NORTH CAROLINA STATUTES AND CODES

§42‑25.9. Remedies.

(a) If any lessor,landlord, or agent removes or attempts to remove a tenant from a dwelling unitin any manner contrary to this Article, the tenant shall be entitled to recoverpossession or to terminate his lease and the lessor, landlord or agent shall beliable to the tenant for damages caused by the tenant's removal or attemptedremoval. Damages in any action brought by a tenant under this Article shall belimited to actual damages as in an action for trespass or conversion and shallnot include punitive damages, treble damages or damages for emotional distress.

(b) If any lessor,landlord, or agent seizes possession of or interferes with a tenant's access toa tenant's or household member's personal property in any manner not in accordancewith G.S. 44A‑2(e2), 42‑25.9(d), 42‑25.9(g), 42‑25.9(h),or G.S. 42‑36.2 the tenant or household member shall be entitled torecover possession of his personal property or compensation for the value ofthe personal property, and, in any action brought by a tenant or householdmember under this Article, the landlord shall be liable to the tenant orhousehold member for actual damages, but not including punitive damages, trebledamages or damages for emotional distress.

(d) If any tenantabandons personal property of five hundred dollar ($500.00) value or less inthe demised premises, or fails to remove such property at the time of executionof a writ of possession in an action for summary ejectment, 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 nonprofitorganization regularly providing free or at a nominal price clothing andhousehold furnishings to people in need, upon that organization agreeing toidentify and separately store the property for 30 days and to release theproperty to the tenant at no charge within the 30‑day period. A landlordelecting to use this procedure shall immediately post at the demised premises anotice containing the name and address of the property recipient, post the samenotice for 30 days or more at the place where rent is received, and send thesame notice by first‑class mail to the tenant at the tenant's last knownaddress. Provided, however, that the notice shall not include a description ofthe property.

(e) For purposes ofsubsection (d), personal property shall be deemed abandoned if the landlordfinds evidence that clearly shows the premises has been voluntarily vacatedafter the paid rental period has expired and the landlord has no notice of adisability that caused the vacancy. A presumption of abandonment shall arise 10or more days after the landlord has posted conspicuously a notice of suspectedabandonment both inside and outside the premises and has received no responsefrom the tenant.

(f) Any nonprofitorganization agreeing to receive personal property under subsection (d) shallnot be liable to the owner for a disposition of such property provided that theproperty has been separately identified and stored for release to the owner fora period of 30 days.

(g) Ten days afterbeing placed in lawful possession by execution of a writ of possession, alandlord may throw away, dispose of, or sell all items of personal propertyremaining on the premises, except that in the case of the lease of a space fora 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 inexcess of five hundred dollars ($500.00) and its contents by a landlord afterbeing placed in lawful possession by execution of a writ of possession. Duringthe 10‑day period after being placed in lawful possession by execution ofa writ of possession, a landlord may move for storage purposes, but shall notthrow away, dispose of, or sell any items of personal property remaining on thepremises unless otherwise provided for in this Chapter. Upon the tenant'srequest prior to the expiration of the 10‑day period, the landlord shallrelease possession of the property to the tenant during regular business hoursor at a time agreed upon. If the landlord elects to sell the property atpublic or private sale, the landlord shall give written notice to the tenant byfirst‑class mail to the tenant's last known address at least seven daysprior to the day of the sale. The seven‑day notice of sale may runconcurrently with the 10‑day period which allows the tenant to requestpossession of the property. The written notice shall state the date, time, andplace of the sale, and that any surplus of proceeds from the sale, afterpayment of unpaid rents, damages, storage fees, and sale costs, shall bedisbursed to the tenant, upon request, with 10 days after the sale, and willthereafter be delivered to he government of the county in which the rentalproperty is located. Upon the tenant's request prior to the day of sale, thelandlord shall release possession of the property to the tenant during regularbusiness hours or at a time agreed upon. The landlord may apply the proceedsof the sale to the unpaid rents, damages, storage fees, and sale costs. Anysurplus from the sale shall be disbursed to the tenant, upon request, within 10days of the sale and shall thereafter be delivered to the government of thecounty in which the rental property is located.

(h) If the total valueof all property remaining on the premises at the time of execution of a writ ofpossession in an action for summary ejectment is less than one hundred dollars($100.00), the property shall be deemed abandoned five days after the time ofexecution, and the landlord may throw away or dispose of the property. Uponthe tenant's request prior to the expiration of the five‑day period, thelandlord shall release possession of the property to the tenant during regularbusiness hours or at a time agreed upon. (1981, c. 566, s. 1; 1985, c. 612, ss. 1‑4;1995, c. 460, ss. 1‑3; 1999‑278; ss. 1, 2.)