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Maybe this is a blessing in disguise. The Lord may be pushing your family from the torment of abuse. He has tried to guide you into relocating (the notice of the use of the mobile home as a residence for the newly released prisoner) which you ignored because it wasn't financially easy. Then He tried to guide you with the arrival of the prisoner into your family's home which you were appalled by. Now, the forceful removal of your family by eviction, whether today or in two months after it goes through court. Ane even if it does go to court, you were given notice (30 days as a month to month without a lease monetary rent or not) you will be evicted. The church is well within their rights. There was no lease, there was a 30 day notice, they can evict you. Holdover Tenant
At the end of a lease term, a landlord and a tenant both have an option to renew the lease or rental agreement. A landlord who does not wish to renew the agreement is not obligated to do so. In that case, the tenant must surrender possession of the leased premises at the end of the lease. A “holdover tenant” is one who, without the consent of the landlord, remains in possession of the premises after the expiration of the lease. (N.C. Gen. Stat. § 42-26.)
Depending on the term of the lease, a landlord must provide one of the following termination notices before the end of the then-current lease:
two-day notice if the lease was week-to-week
seven-day notice if the lease was month-to-month, or
one-month notice if the lease was year-to-year.
(See N.C. Gen. Stat. § 42-14.)
When the lease expires, the landlord is not required to give the tenant any options. The above-listed termination notices, also called “unconditional notices to quit,” simply notify the tenant when the lease is due to expire and state a deadline by which the tenant must vacate the premises. If the tenant does not move out by the specified date, the landlord can proceed with the eviction without further notice.
Importantly, the landlord must not accept any payment after the expiration of the lease term and before filing a complaint. This includes partial payment. Doing so may create a new tenancy based on the same terms as the original lease or rental agreement. (See Kearney v. Hare, 265 N.C. 570, 144 S.E. 2d 636 (1965).)
My question is why would you want to stay? You say your daughter was molested on premises by someone placed with children (why isn't your daughter living with you and your wife?), that would be enough reason to leave IMMEDIATELY, like back in February when all this went down! There are programs for family homelessness Salisbury, NC Homeless Shelters, Halfway Houses has a listing in your area.
But, sure, go ahead. Go to the attorney, subject your child to the horror of living under the roof of pain for the two months it will take to get evicted on the off chance you might get a payday at the end.
Where is your faith in Jesus? Does He not feed and take care of the sparrow? Your trying to do the Lords work for Him.
Doesn't your religion say "trust Jesus"? Or are you living in a worldy fashion?
This began as a renting question, turned into squatting and now it's religious? I think this no longer belongs here. If I wanted a bible quoting discussion, I know which forum I would be visiting.
I wondered the same thing. Why would you stay in a place where your child was molested. Op was given plenty of time to get things in order. I'm willing to bet complacency took over and now someone is kicking them out of the nest he made and it's not pleasant. And I seriously don't understand where the whole Christian religion thing applies. My sorry about his daughter being molested. Why would you stay in such a place?
Last edited by Electrician4you; 10-05-2014 at 04:12 PM..
sosrick - you were told that you could stay till the prisoners needed the place. i think you should have been all along preparing for the day that would come - which it did - that you needed to get out. and now the time has come and now you have caused your family to have a hardship. You did not sign a lease and were living on the good graces of the church.
You cant stay there because now you are putting your family in danger of living with a felon. Better find a job and get out.
By the way I just talked to a lawyer friend of mine here in Salisbury N.C. and he told me that by them padlocking the place will be "self help" lease or no lease rent or no rent. He said they must evict me through the courts.
I don't belive you!
Either you spoke to a total idiot or you made this up since every attorney in NC knows that you were provided transient temporary church housing as a courtesy from a religious organization. As a result you are exempt from protection of the NC General Statues Article 42. Additionally, even if you were to claim tenant status the law does not cover you. You need a real attorney, not some made up one.
§ 42-39. Exclusions.
(b) Nothing in this Article shall apply to any dwelling furnished without charge or rent. (1973, c. 476, s. 128; 1977, c. 770, ss. 1, 2; 1999-420, s. 3; 2007-182, s. 2.)
If you had been staying in a spare room at a friend's home, and the agreement was you could stay rent free until you got on your feet financially, but the deadline would be when your friends needed the room as they are expecting a baby. When the baby is born and they tell you that they need the room back, would you feel they are not being fair?
It seems you expect more because this is a church organization. You have worn out your welcome. What happened to your daughter is terrible, however, you chose to stay there afterwards.
The attorney is a friend of mine and I had messaged him on facebook and was waiting for him to respond but I was trying to find out something quickly so I was searching online and found this forum so I posted thats why I came here for advice.
The mobile home is not on the same property as the church boarding home it is a separate property a few miles away. So we arent in the place where it happened. Anyway the purpose of my original post was to find out if I have to be evicted by the courts which would give me around 30 to 45 more days to find a place to go or if the 10 day notice was legal. But thats not how I was responded to. The responses I got from the original post was about my gall and nerve not about my question. But its all good. What I should have done was realized that after the first couple of responses I got that people were more interested in downing someone than just simply answering a question. Everyone have a wonderful day.
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