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Old 05-31-2013, 06:07 PM
 
3 posts, read 6,270 times
Reputation: 15

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A friend informally moved in with us during a tough time. The friend has been living with us a year in North Carolina. This person has received mail at our house, and listed our house as place residency. We have not asked for any rent. We are simply ready for this person to be out of our home. We asked this person to move out over a month ago and still nothing. I know we have to evict but I cannot find information relevant to our situation. What steps do we need to take?
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Old 05-31-2013, 06:57 PM
 
Location: The Triad (nc)
17,720 posts, read 24,057,602 times
Reputation: 14933
Quote:
Originally Posted by Carolina4eva View Post
What steps do we need to take?
The steps are wholly dependent on how belligerent your friend chooses to be.
And they extend through the formal Notice --> Court hearing --> Order --> Sheriff route.
You have given this person certain rights to tenancy. Now you have to fix it.

The first step though is to deal with this person (on this topic) in writing only.
Or, if you have a conversation follow it up with an "As per our chat after dinner on Tuesday..." letter.

Point being to make it clear that you are really taking it seriously. I dotting and T crossing serious.
Without that you're left with an 8yo hearing Mom say "turn off the TV and go up to bed... now"
but never actually coming down there and kicking his little hiney upstairs.

On a practical basis... your solution may lie in finding this person some OTHER place to go.
That will probably cost you even more money but could have it all end sooner.

hth
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Old 05-31-2013, 07:02 PM
 
5,342 posts, read 5,636,176 times
Reputation: 5422
check your state landlord tenant law. Before you evict, you must give written notice for person to move out. It's most likely 30 day notice. Send certified return receipt and keep tracking info for proof. Dont tell them it's coming. Else they might never sign for it. Not sure how to handle if YOU are the one home when the mail delivery rings the bell. Do you sign for it and give them in their mail pile?

IF they don't move by the date specified in the notice....only then are you allowed to begin eviction.

Even though they are not on a lease and aren't paying rent, they most likely are considered residents and are due the notice period. Not sure if it's 15 days or 30 in your state. Since they were there a year it's most likely 30.

Your asking them to move out 30 days ago was wasted (unofficial) since it wasn't in writing.

Google for what to put in the written notice. Basically tell them the date that must be out. Make a heading and call it a 30 day notice. don't get into a bunch of personal details in this notice....just put what is required.

Some states require the notice to be sent by the end of the prior month if the person normally pays rent on the 1st. However, since your person never paid any rent and since there is not lease that says rent was due on the first.

If they aren't out by then, then you get an attorney and start eviction proceedings.
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Old 05-31-2013, 07:35 PM
 
Location: Simmering in DFW
6,898 posts, read 10,202,388 times
Reputation: 6679
Send an email confirming the conversation on x date on which your friend received formal notice from you of having to move. Try to use that prior conversation in the email as the "notice date" and ask in the email if they need you to perhaps bring boxes or help carry possessions to the new place. Drive your friend around, etc. for a few hours if needed to help find the new place, even if it is a shelter.....give him some money, perhaps to get him out.
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Old 05-31-2013, 10:13 PM
 
2,593 posts, read 1,978,146 times
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She has not paid one penny? She isn't a tenant then, she's a guest who has over-stayed her welcome.

You guys have told her to leave right? Then tell her "you have till the end of June (or whenever- I think two weeks is sufficient) to move out, you are not supposed to be here."

Is she even on the lease?

After two weeks if she hasn't moved out, change the locks, put her stuff outside in boxes/trash bags, and don't let her back in. What's she going to do? Call the cops? Let her! I'd say, she came to stay, she has never paid rent, she is not on the lease, and you guys have let her stay there free for almost a year and you aren't doing it anymore.

Google your city and "landlord tenant law" and your city/state.
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Old 06-01-2013, 08:25 AM
 
5,342 posts, read 5,636,176 times
Reputation: 5422
Quote:
Originally Posted by beera View Post
She has not paid one penny? She isn't a tenant then, she's a guest who has over-stayed her welcome.

You guys have told her to leave right? Then tell her "you have till the end of June (or whenever- I think two weeks is sufficient) to move out, you are not supposed to be here."

Is she even on the lease?

After two weeks if she hasn't moved out, change the locks, put her stuff outside in boxes/trash bags, and don't let her back in. What's she going to do? Call the cops? Let her! I'd say, she came to stay, she has never paid rent, she is not on the lease, and you guys have let her stay there free for almost a year and you aren't doing it anymore.

Google your city and "landlord tenant law" and your city/state.
Unfortunately, the cops will most likely allow her to stay unless a proper 30 day written notice is given. Even after the proper 30 day notice passes, you cannot simply lock them out. Legal eviction steps can be taken at that point.

They dont have to be on a lease. State laws have default rules that apply when there is no written lease. Folks that are allowed to stay for free for this amt of time have state rights and cannot proper rules need to be folloswed. Exactly what they rules/laws are for the OPs state needs to be investigated; each state is slightly different.
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Old 06-01-2013, 10:47 AM
 
1,092 posts, read 1,297,245 times
Reputation: 1065
Quote:
Originally Posted by beera View Post
She has not paid one penny? She isn't a tenant then, she's a guest who has over-stayed her welcome.

You guys have told her to leave right? Then tell her "you have till the end of June (or whenever- I think two weeks is sufficient) to move out, you are not supposed to be here."

Is she even on the lease?

After two weeks if she hasn't moved out, change the locks, put her stuff outside in boxes/trash bags, and don't let her back in. What's she going to do? Call the cops? Let her! I'd say, she came to stay, she has never paid rent, she is not on the lease, and you guys have let her stay there free for almost a year and you aren't doing it anymore.

Google your city and "landlord tenant law" and your city/state.
Most states give tenancy rights to those that have lived in a property for 30 days or more. If they have mail coming to the address, and possessions, the OP could potentially end up having to pay their free loader thousands if they're not careful.

(OP:No good deed goes unpunished. Do they have they job and money at this point? If not, and there are resources available in some situations... I'm so sorry this is happening to you.)
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Old 06-01-2013, 10:55 AM
 
Location: NJ
17,579 posts, read 21,275,560 times
Reputation: 15431
Quote:
Originally Posted by beera View Post
She has not paid one penny? She isn't a tenant then, she's a guest who has over-stayed her welcome.

You guys have told her to leave right? Then tell her "you have till the end of June (or whenever- I think two weeks is sufficient) to move out, you are not supposed to be here."

Is she even on the lease?

After two weeks if she hasn't moved out, change the locks, put her stuff outside in boxes/trash bags, and don't let her back in. What's she going to do? Call the cops? Let her! I'd say, she came to stay, she has never paid rent, she is not on the lease, and you guys have let her stay there free for almost a year and you aren't doing it anymore.

Google your city and "landlord tenant law" and your city/state.
Kind of ironic that you suggest looking up landlord tenant law, but not after giving what would be in most states horrible advice and could cause the OP significant trouble.
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Old 06-01-2013, 12:19 PM
 
3 posts, read 6,270 times
Reputation: 15
They are working now, and have resources. They have been working several months. Thankfully, they respected the request and started the moving process today. I do plan on keeping this up because I am sure someone, will need this again. Also they have removed their bed from the premises, so as long as I don't let them stay overnight again, I should be good. Most of the possessions are out, and I will move what ever is left into the basement. I believe NC Law has a limit for how long I need to store it. If I don't get my key back I will be visiting the person at work to get it.
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Old 06-01-2013, 12:27 PM
 
Location: The Triad (nc)
17,720 posts, read 24,057,602 times
Reputation: 14933
Quote:
Originally Posted by Carolina4eva View Post
If I don't get my key back I will be visiting the person at work to get it.
Plan to change your locks anyway.
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