Waynesville, NC asked in Real Estate Law, Construction Law and Landlord - Tenant for North Carolina

Q: What kind of lawyer do I need?

Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother or anyone else from going in camper? What are our rights as property owners? They even constructed a tin roof over the camper and concreting posts into the ground.

2 Lawyer Answers
Will Blackton
Will Blackton
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: You can't effectively evict someone verbally in North Carolina.

You should contact a lawyer who specializes in landlord-tenant and eviction issues.

Search through the find a lawyer directory on this website or contact the NC Bar Association Lawyer Referral Service: https://www.ncbar.org/members/lawyer-referral-service/ to find the appropriate attorney.

Cameron Lambe agrees with this answer

Cameron Lambe
Cameron Lambe
Answered
  • Landlord Tenant Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: Mr. Blackton is correct that you cannot give verbal notice to vacate.

This is even slightly more complicated than a simple landlord-tenant eviction, since there is no lease or other formal agreement, from what you've stated. You will not be able to go through the normal summary ejectment process in small claims without proof of a landlord tenant relationship. You will most likely need to pursue a remedy for trespass or unlawful detainer. As Mr. Blackton advised, you would be best served by contacting a landlord-tenant or real estate attorney to help you with this convoluted issue.

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