Squatter situations have become a growing concern across North Carolina as property owners encounter unauthorized occupants during vacancies or tenant transitions. These issues can delay leasing, trigger legal action, and cause financial hardship, especially near military communities like Goldsboro, where residential property often experiences quick turnover.
Short vacancy periods create more opportunities for unauthorized entry, making it essential for owners to understand North Carolina law regarding squatting laws and property rights.
Before SB 55, removing unauthorized occupants typically required the full judicial eviction process, even when the person living at the property had no valid lease or rental agreement. HB 96 attempted to solve this gap but was ultimately vetoed.
SB 55 refines that effort and now shapes how North Carolina property owners can regain legal possession in 2026.
Flagship Property Management works closely with landlords throughout Wayne County and understands how unauthorized occupants affect property ownership, rental operations, and legal compliance.
Continue reading to learn how SB 55 works, how it differs from prior law, and what steps landlords should take to protect their private property.
This article is for informational purposes only and does not constitute legal advice.
Key Takeaways
- SB 55 creates a faster legal path for removing unauthorized occupants who hold no valid lease or legal ownership.
- The bill strengthens due process procedures, affidavit requirements, and protections for property owners.
- Goldsboro’s frequent turnover and vacant property windows make prevention and proper documentation essential.
- Landlords should update leases, maintain correct legal documents, and understand when SB 55 applies versus the formal eviction process.
The Backstory: HB 96
HB 96 was North Carolina’s first major attempt to streamline the removal of unauthorized occupants. It aimed to help property owners distinguish between tenant disputes and true squatter scenarios, so they could regain actual possession more quickly.
Why HB 96 Was Vetoed
The bill was vetoed due to concerns about due process and the possibility of misidentifying occupants. It also included unrelated provisions that complicated its passage. Lawmakers later applied feedback from that debate to develop stronger court rules and clearer legal paperwork requirements under SB 55.
Why HB 96 Still Matters
HB 96 laid the groundwork for SB 55, identifying where additional safeguards, written notice standards, and documentation practices were needed.
SB 55: The Revised and Signed Squatter Bill
SB 55 offers a more balanced approach to removing unauthorized occupants from North Carolina property while preserving rights in North Carolina.
How SB 55 Evolved From HB 96
The legislation was narrowed to focus strictly on unauthorized occupants rather than broader property law issues. Lawmakers clarified procedural steps and distinguished more clearly between squatters and lawful tenants.
Key Changes and Clarifications in SB 55
SB 55’s core feature is a sworn affidavit in which the legal owner certifies that the person living on the property lacks a valid lease, rental agreement, or owner’s permission.
A magistrate reviews this affidavit and, if approved, issues an order permitting local law enforcement to remove the individual without requiring a full eviction trial, which shortens the judicial eviction process significantly in appropriate cases.
Safeguards Added to Address Concerns
To ensure due process, SB 55 includes:
- A sworn affidavit using correct legal documents
- The occupant’s right to request a hearing if they claim legal possession or legal title
- Penalties for wrongful removal or a good-faith mistake
- Protections for officers acting within legal authority
These safeguards help prevent misuse while still allowing property owners to take legal action against unauthorized occupants.
How SB 55 Differs from Adverse Possession in North Carolina
Some landlords confuse squatting with adverse possession laws, but the two are entirely distinct.
Adverse possession requires continuous possession, exclusive possession, notorious possession, a hostile claim, and many years of occupancy.
Under North Carolina law, paying property taxes is often relevant in cases involving color of title, but it is not universally required. An adverse possession claim takes years to develop and involves a formal legal claim before the superior court.
SB 55, by contrast, deals only with unauthorized occupants who have no lawful basis to be present. These individuals cannot gain legal possession, claim adverse possession, or claim legal ownership simply by occupying someone else’s property.
SB 55 addresses removing squatters, not resolving an adverse possession case or a hostile possession dispute.
What SB 55 Means for Goldsboro Landlords in 2026
Goldsboro’s high turnover rate, especially tied to Seymour Johnson AFB, increases the chances of unauthorized entry into otherwise vacant property. Understanding SB 55 helps landlords protect their ownership rights more efficiently.
How Local Enforcement May Change
Wayne County magistrates and deputies will implement SB 55, with magistrate approval required before removal occurs. While the timeline may vary by county, the process bypasses a full eviction hearing when legal possession is clearly absent.
Faster Removal of Unauthorized Occupants
SB 55 is intended for cases such as:
- Unauthorized entry or occupation
- Break-ins during vacancy
- Individuals staying on private property without a valid lease
It does not apply to holdover tenants, rent disputes, or cases requiring a standard eviction notice and formal eviction process.
Distinguishing Squatters from Tenants
SB 55 applies only when occupants lack:
- A lease agreement or rental agreement
- Legal possession
- Owner’s permission
- Claim of legal title
Situations involving residential property tenants who simply fail to pay rent must still proceed through the traditional eviction process.
Documentation Requirements
To use SB 55 effectively, property owners should maintain:
- Lease agreements
- Payment records
- Written notice history
- Photos of unauthorized entry
- Move-out documentation
These records protect owners and help remove squatters through lawful channels.
Local Factors Specific to Goldsboro
Military turnover often leaves homes vacant for short periods. To prevent squatters, landlords should:
- Regularly inspect rentals
- Change locks promptly
- Shorten turnover timelines
Local law enforcement is familiar with unauthorized occupants near military areas and can assist within the limits of North Carolina law.
Preparing for 2026: Action Steps for Landlords
Landlords can prepare now to comply with SB 55 and protect their property rights.
Lease and Documentation Audits
Review every lease to ensure it clearly defines:
- Unauthorized occupants
- Guest policies
- Inspection access
Strong lease language supports legal action if needed.
Property Inspection Protocols
Effective prevention includes:
- Regularly inspecting vacant property
- Verifying that units are secure
- Documenting the condition at every turnover
Guest and Occupancy Monitoring
Landlords should address concerns such as:
- Unknown vehicles
- Unfamiliar individuals
- Unresponsive tenants
Training Staff on SB 55
Staff should be trained to recognize when to:
- File an SB 55 affidavit
- Seek legal assistance or consult a qualified attorney
- Use the traditional eviction process instead
When to Involve Law Enforcement
Unauthorized entry may constitute a criminal offense. Property owners should understand when to call local law enforcement and when to proceed through SB 55 or standard legal channels.
What to Expect Next
SB 55 may evolve as courts interpret its application and clarify specific laws. County-level practices may differ, and superior court rulings will help define how legal claims are handled in edge cases. Goldsboro landlords should monitor updates to property law and local enforcement practices.
FAQs
1. Does SB 55 replace eviction?
No. SB 55 only applies to unauthorized occupants with no lawful claim. Traditional eviction is still required for holdover tenants.
2. Can a squatter claim adverse possession?
Not through SB 55. Adverse possession requires continuous occupation over many years and strict conditions that do not apply to short-term squatting.
3. Is SB 55 faster than eviction?
Yes, in cases where the occupant has no legal possession or legal claim. Timelines still depend on magistrate approval and sheriff availability.
4. Should landlords hire legal assistance?
It is not required but often recommended, especially when documentation or ownership rights may be contested.
A New Era of Clarity and Preparedness
SB 55 gives Goldsboro landlords a clearer path for resolving unauthorized occupancy while maintaining due process protections. By improving documentation, strengthening leases, and partnering with an experienced property management company, landlords can protect their residential property more effectively in 2026.
Flagship Property Management stands ready to help you prevent squatters, safeguard ownership rights, and navigate North Carolina law with confidence. Contact us today to secure your rental strategy or request a free rental analysis.
More Resources
- Essential Tips for First-Time Landlords in Goldsboro, NC
- How Property Management Can Help You Protect Your Investment in Goldsboro, NC
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