State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-36_2

§42‑36.2.  Notice to tenant of execution of writ for possession ofproperty; storage of evicted tenant's personal property.

(a)        When Sheriff MayRemove Property. – Before removing a tenant's personal property from demisedpremises pursuant to a writ for possession of real property or an order, thesheriff shall give the tenant notice of the approximate time the writ will beexecuted. The time within which the sheriff shall have to execute the writshall be no more than seven days from the sheriff's receipt thereof. Thesheriff shall remove the tenant's property, as provided in the writ, no earlierthan the time specified in the notice, unless:

(1)        The landlord, or hisauthorized agent, signs a statement saying that the tenant's property canremain on the premises, in which case the sheriff shall simply lock thepremises; or

(2)        The landlord, or hisauthorized agent, signs a statement saying that the landlord does not want toeject the tenant because the tenant has paid all court costs charged to him andhas satisfied his indebtedness to the landlord.

Upon receipt of eitherstatement by the landlord, the sheriff shall return the writ unexecuted to theissuing clerk of court and shall make a notation on the writ of his reasons.The sheriff shall attach a copy of the landlord's statement to the writ. If thewrit is returned unexecuted because the landlord signed a statement describedin subdivision (2) of this subsection, the clerk shall make an entry ofsatisfaction on the judgment docket. If the sheriff padlocks, the costs of theproceeding shall be charged as part of the court costs.

(b)        Sheriff May StoreProperty. – When the sheriff removes the personal property of an evicted tenantfrom demised premises pursuant to a writ or order the tenant shall take possessionof his property. If the tenant fails or refuses to take possession of hisproperty, the sheriff may deliver the property to any storage warehouse in thecounty, or in an adjoining county if no storage warehouse is located in thatcounty, for storage. The sheriff may require the landlord to advance the costof delivering the property to a storage warehouse plus the cost of one month'sstorage before delivering the property to a storage warehouse. If a landlordrefuses to advance these costs when requested to do so by the sheriff, thesheriff shall not remove the tenant's property, but shall return the writunexecuted to the issuing clerk of court with a notation thereon of his reasonfor not executing the writ. Except for the disposition of manufactured homesand their contents as provided in G.S. 42‑25.9(g) and G.S. 44A‑2(e2),within 10 days of the landlord's being placed in lawful possession by executionof a writ of possession and upon the tenant's request within that 10‑dayperiod, the landlord shall release possession of the property to the tenantduring regular business hours or at a time agreed upon. During the 10‑dayperiod after being placed in lawful possession by execution of a writ ofpossession, a landlord may move for storage purposes, but shall not throw away,dispose of, or sell any items of personal property remaining on the premisesunless otherwise provided for in this Chapter. After the expiration of the 10‑dayperiod, the landlord may throw away, dispose of, or sell the property in accordancewith the provisions of G.S. 42‑25.9(g). If the tenant does not requestrelease of the property within 10 days, all costs of summary ejectment,execution and storage proceedings shall be charged to the tenant as court costsand shall constitute a lien against the stored property or a claim against anyremaining balance of the proceeds of a warehouseman's lien sale.

(c)        Liability of theSheriff. – A sheriff who stores a tenant's property pursuant to this sectionand any person acting under the sheriff's direction, control, or employmentshall be liable for any claims arising out of the willful or wanton negligencein storing the tenant's property.

(d)        Notice. – Thenotice required by subsection (a) shall, except in actions involving the leaseof a space for a manufactured home as defined in G.S. 143‑143.9(6),inform the tenant that failure to request possession of any property on thepremises within 10 days of execution may result in the property being thrownaway, disposed of, or sold. Notice shall be made by one of the followingmethods:

(1)        By delivering a copyof the notice to the tenant or his authorized agent at least two days beforethe time stated in the notice for serving the writ;

(2)        By leaving a copy ofthe notice at the tenant's dwelling or usual place of abode with a person ofsuitable age and discretion who resides there at least two days before the timestated in the notice for serving the writ; or

(3)        By mailing a copy ofthe notice by first‑class mail to the tenant at his last known address atleast five days before the time stated in the notice for serving the writ. (1983,c. 672, s. 1; 1995, c. 460, s. 6; 1999‑278, ss. 3, 4.)