Richlands, NC asked in Civil Litigation, Real Estate Law and Consumer Law for North Carolina

Q: Can i just be kicked out because im not on the lease?

I have been staying with my mother and her boyfriend for years now being they're older and dont drive. while not on the lease but the landlord has known have been recieving mail for years there also. So can the landlord just all of a sudden for no reason say im not allowed over there or is there still a eviction process thxs? He has been trying to get over on them for years

1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Consumer Law Lawyer
  • Licensed in North Carolina

A: If the persons who are legally obligated on the lease have a written lease agreement, that agreement controls. Typically that written agreement says how many people can occupy the premises and who is authorized to reside there. That written agreement states how changes can be made. So, your first inquiry of them is whether or not they have a written lease agreement. If there is no written lease, and they pay rent monthly, this is considered a month to month tenancy and yes the landlord can change his mind about allowing you to live there. The landlord can give as little as 7 days notice asking you (or you and them) to leave and if you do not, the landlord can file eviction papers against you. You do not want to have any eviction ("summary ejectment") filed against you if at all possible. This will show up on tenant screening reports for years and will make it much harder for you to find a place to rent. Try and work something out with the landlord or else it sounds like it is time for all of you to find somewhere else to live with a more understanding landlord and a written lease which clearly spells out who can live there and how much notice the landlord has to give if he changes his mind.

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