North Carolina Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   North Carolina's abandoned tenant property notice is the written notice of sale G.S. 42-25.9(g) requires when a landlord, after being placed in lawful possession by execution of a writ of possession, elects to sell what the tenant left at a public or private sale. It goes by first-class mail to the tenant's last known address at least seven days before the sale and must state the date, time, and place of the sale, and that any surplus of proceeds, after unpaid rents, damages, storage fees and sale costs, will be disbursed to the tenant on request within seven days after the sale and thereafter delivered to the government of the county where the rental property is located.

2. 2

   The seven-day period after execution of the writ is a holding period, not a disposal period. Under G.S. 42-25.9(g) and 42-36.2(b) the landlord may move the property for storage purposes but shall not throw away, dispose of, or sell any items unless the Chapter otherwise provides, and on the tenant's request within those seven days shall release possession during regular business hours or at a time agreed upon. The seven-day notice of sale may run concurrently with the seven-day request period.

3. 3

   Where the total value of all property remaining at the time of execution of the writ is less than $500, G.S. 42-25.9(h) deems it abandoned five days after the time of execution, and the landlord may then throw it away or dispose of it. The tenant's request before the five days end still obliges the landlord to release the property during regular business hours or at an agreed time.

4. 4

   G.S. 42-25.9(d) offers an alternative for property worth $750 or less, whether abandoned in the premises or left at execution of the writ: delivery into the custody of a nonprofit organization that regularly provides free or nominal-price clothing and household furnishings to people in need, once that organization agrees to identify and separately store the property for 30 days and release it to the tenant at no charge within that period. The landlord must immediately post a notice at the premises giving the recipient's name and address, post the same notice for 30 days or more where rent is received, and mail it first-class to the tenant's last known address. The notice shall not include a description of the property.

5. 5

   For that $750 route without a writ, G.S. 42-25.9(e) defines abandonment: the landlord finds evidence that clearly shows the premises has been voluntarily vacated after the paid rental period has expired, with no notice of a disability that caused the vacancy. A presumption of abandonment arises 10 or more days after the landlord has posted conspicuously a notice of suspected abandonment both inside and outside the premises and has received no response. The statute gives no notice-and-wait procedure for voluntarily abandoned property worth more than $750 apart from the writ route.

6. 6

   Costs follow the tenant who does not ask. Under G.S. 42-36.2(b), if the tenant does not request release within seven days, all costs of summary ejectment, execution and storage proceedings are charged to the tenant as court costs and constitute a lien against the stored property, or a claim against any remaining balance from a warehouseman's lien sale. A sheriff who removes the property may deliver it to a storage warehouse and may require the landlord to advance the delivery cost plus one month's storage.

7. 7

   Three categories step outside the ordinary path. A manufactured home on a leased space with a current value over $500 is disposed of under G.S. 44A-2(e2). Where the landlord has actual knowledge that the tenant is an attorney, G.S. 42-14.4 requires notice to the North Carolina State Bar at least 15 days before destroying or discarding client files, trust or operating account records or other potentially confidential materials. And when a sole occupant dies leaving tangible personal property, G.S. 42-36.3 lets the landlord file an affidavit under G.S. 28A-25-7 instead of starting summary ejectment.

North Carolina Requirements for Abandoned Tenant Property Notice

• The Date the Writ of Possession Was Executed

  Record the date the landlord was placed in lawful possession by execution of the writ of possession. The seven-day hold in G.S. 42-25.9(g), the five-day rule for property under $500 in 42-25.9(h) and the cost allocation in 42-36.2(b) all count from that day.

• A Valued Inventory of Everything Remaining

  List and photograph the property with a total value. The statute turns on two figures: less than $500 in total at execution of the writ (deemed abandoned after five days) and $750 or less (the nonprofit route). Keep the record to show which path applied.

• Seven Days of Storage Only, With Release on Request

  During the seven days after execution the property may be moved for storage purposes but not thrown away, disposed of or sold. Release it on the tenant's request during regular business hours or at an agreed time, and note the hours offered and any request received.

• Written Notice of Sale by First-Class Mail, Seven Days Ahead

  If selling, mail a written notice first-class to the tenant's last known address at least seven days before the day of the sale. It may run concurrently with the seven-day request period under G.S. 42-25.9(g).

• Date, Time, Place, and the Surplus Statement

  The notice of sale must state the date, time, and place of the sale, and that any surplus after unpaid rents, damages, storage fees and sale costs will be disbursed to the tenant on request within seven days after the sale and thereafter delivered to the government of the county where the property is located.

• Nonprofit Recipient Notice Without a Property Description

  For the $750 route, the posted and mailed notice gives the nonprofit's name and address and nothing describing the property. Post it immediately at the premises, post it for 30 days or more where rent is received, and mail it first-class to the last known address. Obtain the nonprofit's agreement to store the goods separately for 30 days and release them free.

• Posted Notice of Suspected Abandonment

  Where no writ was executed and the $750 route is used, post a notice of suspected abandonment conspicuously both inside and outside the premises and keep evidence of the voluntary vacancy after the paid rental period expired. The presumption of abandonment under G.S. 42-25.9(e) arises 10 or more days after the posting with no response.

• Sale Accounting and Delivery of Surplus to the County

  Apply proceeds only to unpaid rents, damages, storage fees and sale costs. Disburse any surplus to the tenant on request within seven days of the sale, and after that deliver it to the government of the county in which the rental property is located, keeping a record of the payment.