Q: How to evict an unwanted guest turned tenant in NC?
I want to get rid of an unwanted guest who has turned into a tenant on my property in North Carolina. He has been staying here for about four years to take care of his sick father, but his name isn't on the deed, and he isn't paying rent or bills. I've asked him to leave verbally and through two written text messages, giving him 30 days to vacate, but he has refused and threatened violence. I haven't contacted law enforcement yet but plan to seek legal advice soon. I take care of my mom with dementia full-time, and there are no other witnesses to the threats. What should I do to resolve this situation?
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A:
To remove an unwanted guest in North Carolina, the first step is understanding the legal status of the person in your home. Since they have been living there for a long period without paying rent, they may be considered a tenant under the law, even if their name is not on the lease or deed. This means you would need to go through the legal process to evict them, as you can't simply ask them to leave without following the proper procedure.
Start by providing a formal written notice to vacate, giving them at least 30 days to leave, as you've done in your previous messages. If they refuse to leave, you may need to file an eviction lawsuit, also known as a "summary ejectment" action, at your local courthouse. This process typically involves submitting a complaint and serving the individual with legal papers, then attending a court hearing where a judge will make a decision.
If the situation escalates or the person threatens violence, contact law enforcement immediately for safety and to document the threats. It's also a good idea to consult with an attorney to ensure you follow the proper legal steps and protect your rights. While the eviction process may take time, following the legal route is crucial to avoid potential issues down the line.
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