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Imagine you own a home in North Carolina. Since you’re not able to live here full time quite yet, you rent your home on Airbnb so you can make a few bucks from your property in the meantime. A couple shows up, takes possession of your home and then refuses to leave.
Farzana Rahman of Durham doesn’t have to wonder what that feels like because it happened to her in the last year.
Reservation details show two guests booked a stay at Rahman’s rental starting Oct. 25, ABC News reported. The guests paid through Airbnb monthly and were scheduled to checkout on May 24 the following year.
However, when Rahman’s cleaning person showed up to take care of the rental property, she discovered that the guests had not moved out. They also told her not to bother coming back.
After the May 24 deadline came and went, Rahman called local law enforcement. In a video Rahman recorded, ABC News reported that you can hear a person staying at the rental tell police they will leave. The man inside the rental says, “I assure you we will be gone in the morning. If they can just give us until the morning, that’s all I’m asking for, so we can get our stuff and we can go.”
Naturally, come the next morning, the guests not only weren’t gone, they had put up a handwritten “no trespassing” cardboard sign on the front door. “We will vacate the property when you file the proper paperwork with the civil magistrate for an eviction, for we are legal residents of this home,” the sign read.
More delays followed, with Rahman expressing frustration about the additional time required to have the interlopers physically removed, until a court magistrate finally ordered the squatters to get lost. That’s an ordeal no property owner should have to go through.
Thankfully, the N.C. General Assembly was paying attention to the case. As a result, SB55: Expedited Removal of Unauthorized Persons became state law on Aug. 6.
Andrew Bailey, legislative assistant for N.C. Rep. Karl Gillespie (R-Franklin), shared with me why this bill is a major victory for property owners statewide.
“Prior to the passage of SB55, there was no procedure under civil law by which a property owner could seek the expedited removal of an unauthorized person whose occupation of the premises did not begin under a valid lease,” Bailey wrote in an email.
“SB55 would add a new Article 22D to Chapter 14 of the General Statutes, under which 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.
“In terms of procedure, the following would occur:
- Filing of a complaint and issuance of a summons in the county where the property is located.
- The summons and complaint are provided to the sheriff.
- The summons and complaint are served on the unauthorized person by the sheriff within 24 hours of the sheriff receiving the documents.
- The sheriff promptly files a return.
- A hearing is held before a magistrate as soon as practicable, but no more than 48 hours after service.
- If the court finds for the property owner, the court immediately enters a written order granting the property owner possession of the property and stating the time the unauthorized person must vacate the property – which cannot be more than four hours after the order is served on the unauthorized person.”
While it’s not easy for squatters to gain rights to a property in North Carolina through adverse possession – they must meet stringent criteria, including continuous and open possession for 20 years – evicting them can take time and money the property owner shouldn’t have to spend in the first place. Anything that makes it easier for property owners to get rid of squatters – which is a nice term for people trying to steal one of your biggest investments – is a good thing.
David Brown is publisher of the Cherokee Scout. Call him with comments and questions at 828-837-5122 or email dbrown@cherokeescout.com.