What You Need to Know About the Orders from the Governor and Chief Justice

Posted By: Jon Lowder Blog ,

On May 30th Governor Cooper and Chief Justice Beasley issued Orders that delay the ability of property managers to file for evictions until at least June 21, and added a requirement that a new affidavit certifying that the property is not subject to the CARES Act to be filed before judgment in all matters filed prior to June 1, and with all complaints for matters filed after June 1.

PTAA is supporting the Apartment Association of North Carolina’s efforts to address these actions; their particular areas of concern are highlighted below:

AANC is addressing the following issues: 

  • Attempt, by the courts, to exclude landlords rights to civil remedy.
  • Challenging the Governor’s authority to enforce payment arrangements
  • Mandating changes to private party contracts.

The major effects of the order on landlords are that: 

  1. All non-payment related eviction proceedings in NC have been stayed until at least June 21, 
  2. No late fees may be charged for this period, and 3. residents must be given six months to pay rent that becomes due between June 1 and June 21. The June 21 date may be extended by future Orders.

The Chief Justice issued the attached companion order that:

  1. Stays all eviction hearings until 6/21 and writ executions until 6/30, whether or not they are for non-payment related claims
  2. Requires a new affidavit certifying that the property is not subject to the CARES Act to be filed before judgment in all matters filed prior to June 1, and with all complaints for matters filed after June 1. The Order further required the AOC to adopt a form of Affidavit. General Counsel, Norm Praet  was on a committee under the AOC that put together a recommended form of affidavit. You can find information on that affidavit here.