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Greensboro, Winston-Salem, High Point The Triad Area
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Old 09-15-2009, 06:57 AM
 
2 posts, read 7,514 times
Reputation: 12
Default how do I evict a roomate not on the lease, Greensboro NC?

Help,

I have 2 roomates from H..ll! I have repeatedly asked them to move
and they refuse. Neither are on the lease and I planned on leaving
the apartment on Sept 18 but they know the rent is paid until the 26th.
I am breaking my lease because I can not live under the stress any more
and I am moving home.

Should I just move all my things out and notify the rental office and
have them evict them? I was told by the Greensboro Magistates office I could not remove their things.

The electric is in my name also so I could have the power shut off
but I am going to wait until the 9-19 to give them a chance to leave
on their on.

Any suggestions? I am the one who will have to pay for breaking the
lease and also I am concerned they may destroy the property to retaliate.

Thank you

ECS, Greesnboro
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Old 09-15-2009, 07:13 AM
 
Location: Triad, NC
254 posts, read 558,187 times
Reputation: 111
I'm not certain about NC law regarding this, but I would guess that the police are one option. However, they may see this as more of a civil matter and not technically trespassing. So, I would take the matter to the landlord and they should have no problem evicting them. One caveat, however, is that they will likely evict EVERYONE, which would include you if you happen to decide that you'd rather stay.
I don't know the law, but you might qualify as a sub-lessor even without a written agreement, which would give you the ability to initiate eviction against them. I'm not sure how much trouble and expense you want to go through to get rid of them.
May I suggest you move all of your stuff out and then direct some meth addicts to the unlocked apartment for a give-away while your roommates are not there?
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Old 09-16-2009, 05:28 PM
 
Location: Roanoke VA
2,022 posts, read 3,860,543 times
Reputation: 786
I own some rental property and I have never heard one like that. I recently had a tenant who signed a lease with her name as sole tenant. It turned out she invited 2 other people to live there. I got a call from the police telling me they were knocking down the front door as the 2 "friends" were suspected of dealing drugs. The police look at the person who signed the lease from a criminal perspective unfortunately. This young tenant signed the lease but she didn't have a clue what she was about to get herself into. It is a very
serious legal document and now the tenant has been called as a witness to the jury trial. I hope your case turns out o.k. but I can really understand your frustration. So many "friends" cannot be trusted these days!!
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Old 09-17-2009, 12:05 AM
 
Location: Winston-Salem
273 posts, read 567,782 times
Reputation: 183
Wait till they leave, move their stuff to the curb, your stuff out and change locks? Not a clue what the best recourse is, but good luck. I would try talking to the landlord if you are planning on leaving anyway. They might have issues with you having people living there who aren't on the lease, as that's usually breaking the lease.
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Old 09-18-2009, 11:31 AM
 
Location: Greensboro, NC
719 posts, read 2,123,487 times
Reputation: 239
You be honest and firm. Know your rights and confirm them.
You tell them, verbal and in writing, they must be out of the premises by a certain date, at which point if they are not vacated, they "will be forcibly removed" by police. And, in order to save yourselves the trouble of an argument and avoid them having something on their permanent police record, you suggest they oblige. Then, in the letter, offer contacts, such as phone numbers, of agencies, rental companies, low-income housing, etc.

I would go, personally, so far as to contact their parents and inform them of the matter, regrettably (since they're acting like babies! But don't say that.)

Be very civil, matter of fact, and emotionless. This is VITAL to your effictiveness.

Visit Dave Ramsey on line to get some advice!!!!!! That man is awesome!!! Good luck with your situation.
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Old 09-19-2009, 08:19 PM
 
Location: Raleigh, NC
7,813 posts, read 10,075,810 times
Reputation: 7324
It's water under the bridge now, but: WHY are they living there with no lease signed? If you invited them to stay "for a while", there may be some legal "verbal contract" that they could quote, etc.

If you're leaving soon, it should all be over in a few weeks, but let it be a lesson learned. When it comes to living situations, get EVERYTHING in writing!
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Old 09-21-2009, 06:11 AM
 
2 posts, read 7,514 times
Reputation: 12
Thank all of you for your advise, I have moved out and the power will be turned off today. Hopefully NOW they will leave. Wish me luck!! No more roommates for
me!!!!!
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Old 09-21-2009, 06:16 AM
 
259 posts, read 436,767 times
Reputation: 183
Could they be considered Trespassors? (Does your state that you are not allowed to sublet? Do you have a verbal contract with these guys?)
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Old 09-23-2009, 08:16 PM
 
693 posts, read 909,836 times
Reputation: 416
I hope it works out for you. I let "friends" stay in my house (which I OWN) for 6 weeks while I was working elsewhere. They trashed the place and cost me a few thousand in damages and utility bills (in 6 weeks, yes!). They left some of their property in my house but the police said I had no right to dispose of it even though there was no lease agreement, etc. How insane is that? I was however able to issue a no trespassing warrant against them when they came back to break in my house and take their property (thankfully I was home). You or your former landlord may need to do this if they refuse to leave, as they have no legal right to be there without your presence, I would assume. But if you are still the leaseholder you will be held liable for any damage they cause. The police are actually very helpful in advising on these matters, so you should talk to them ASAP.
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