Asked in Family Law for North Carolina

Q: Hey, my friends mother is threatening to kick her out of the house, she's 18 with no income, and a serious illness Fabry

She's currently getting treatment for her condition once a fortnight, would it be legal for her to be kicked out?

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2 Lawyer Answers
Angela L. Haas
Angela L. Haas
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: Unfortunately, she can force her to leave one way or another. If she has been paying anything towards the house bills (mortgage, rent, utilities, etc.), her mother will most likely have to go through an eviction process before being able to force her to leave. If not, the police may force her to leave or be charged with trespassing.

Tim Akpinar agrees with this answer

Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: At 18 your friend is an adult. If her mother tells her to leave and she does not, all the mother has to do is pick up the phone and call local law enforcement to remove her for trespassing. Of course rental agreements, in North Carolina can be oral so if law enforcement were to come and your friend were to tell the officers that she has an oral rental agreement with her mother, then the officers would likely not remove her and consider it to be a civil matter and tell the mother to go through the formal eviction process.

Tim Akpinar agrees with this answer

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