State Specific Question About: NORTH CAROLINA (NC)

She is correct.....

if she recieves mail there, has moved any belongings in , pays any bills associated with the place, or is currently SLEEPING IN YOUR BED..she is a tenant just like you...

BUT, you could mention to your LL that you moved in an unauthorized guest and he.she can then evict you both the rerent to you

or maybe you own the place....give us a bit more info...i may have more advice on this one

Do you own the home?

How long has she lived there?

DOes she pay any bills accociated with the home?

DOes she recieve mail there?

stillmay be able to get her out even if you answer yes to these, but let us know more please!

Hey, thanks for the response. I own the place, and I am a landlord elsewhere. She's lived here for as long as I've owned it -- about 4 months. I haven't been keeping up with her mail, but I think it's safe to assume this is her billing address. And she's moved stuff here too.

I think it's just sad that you were close enough to her to allow her to move in and now she's acting like a jacka#%.

What would I doo: through her $h!t to the curb and change the locks.

Well Matt...truthfully, the 2 of you have no RENTAL agreement....

personally, I would just throw her stuff to the curb, BUT...im kinda a pig that way, as others will most likely post ofter that response.

THis is a domestic issue, not a LL issue...

Move her crap to her sisters place for her...you cant be sued for UNINVITING your invited guest.

Next time she tells you that "you have to evict me"...just chuckle as you start packing her stuff.

Ok..after thinking about all of it....

Just throw her stuff out to a safe and dry place. Chagne the locks....

and consider this a lesson for the next time some pretty girl shakes it under your nose...

you definatley do NOThave to evict her..hse is NOT A renter...she is a guest...and now a trespasser

so my first post was wrong about her being correct.

Good luck!

Since you've no rental agt (none mentioned) you will have to evict. Unless of course you can get her to move amicably.

Here in SC you would give her a 20 day notice to vacate. Once 20 days are up then you've got to file the 10 day notice, then when she's still not out file for the 24 hr notice and be prepared to have someone help you move her stuff.

What I find sad is that you didn't have a problem moving her in to the place to begin with. What were you expecting? Trial run?

You broke up? boohoo.. Of course, we're only getting your side and it's not much of one.

Bring home another girlfriend for an overnight stay (stage it if needed) and your ex-girl friend will run out. The sluttier the better. One or two times will do the trick.

John

I think I'd be asking your ex why she wants an eviction on her record. Maybe remind her that it could affect her chances of renting a decent place in the future, and if she has to explain why she was evicted how embarrassing it would be to explain to a potential new LL that she refused to move out of her boyfriend's digs after breaking up, that she forced him to evict her out of spite - which would also maker her look like a PITA most LL's would avoid.

Breaking up when living together is tough. I know you want her out, but you may find her more willing to go peacefully if you and she can reach a friendly agreement - politely remind her of the benefits of leaving on her own instead of being evicted.

Have you tried talking, calmly, to her about why she doesn't want to leave? Have you given her a reasonable amount of time to find a new place? Can she afford a place on her own, and if not does she have any friends she could get a place with or family she could return to?

If you're the one who did the breaking up then you're the one who upset the apple cart, yet she's the one who is paying by having to make the life change of moving. She's upset and hurting and if you've only lived together in that house for four months, then all this is happening kind of fast and I'm betting she's feeling some resentment.

You loved her enough to live together, so try treating her with a little dignity and respect while getting her out. Give her a reasonable amount of time to find a new place and offer to help her move so she doesn't have to pay movers to do the heavy lifting.

If she's the one who did the breaking up, then her sticking around is to punish you for something. What did you do? I don't condone any of the tricks some of the guys have mentioned above, but I will withdraw my advice to offer to help her move.

Do NOT throw her stuff out on the lawn. She could sue you for damages if any of her stuff got damaged, stolen or lost. Do NOT bring home another girl - that's just childish and cruel. She will not go quietly if you're rubbing her face in the break up.

Clearly she has established residency in the place; it’s immaterial that there was no lease, or monies transferred, let’s be real you received fringed benefits. So tossing her stuff to the curb will not only bring the police which will allow her back into the house, but also a police report not in your favor

Beware in these type of situations of losing your cool during this time, one little argument can equate to a police call on a DV, which can lead to the man being escorted from the house to jail, to wit a TRO being issued forcing you to rent while the eviction proceeding.

John (NJ) suggests something similar to what I did many years ago. It probably would work.

I was separated for several years and then finally divorced, which I had done while living in another state. My ex did not want our Missouri house and insisted that he get other things instead.

I came back to Missouri to take care of the house. But then he wouldn't move out.

At first I settled my children in the house, while I stayed at a friend's house. I would come over early in the morning, get the kids off to school, go to work, come home from work, feed them dinner, and then leave.

My ex still showed no sign of leaving.

So, on a Friday night my ex came home to find me with the person I was now dating. My friend and I made a big show of having a "family" dinner with the children. We did that kind of thing all week-end.

On Monday my ex went looking for someplace to rent.

Actually it was my friend who had suggested this. I thought it was over the top, but I reluctantly had agreed to do it in order to regain the house that was now mine and avoid legal action.

Spf is correct. You let her move in, now you have to deal with it like an adult.

Don't live with anyone to whom you are not committed. Since you did, she IS a tenant, whether you like it now or not.

Normal people just resolve this like adults. Work out some kind of agreement. She isn't staying forever. Ask her to vacate by the end of December, in writing. Offer to help her find a place or move her stuff. Don't do anything stupid like throw it to the curb.

The police will not remove her as a trespasser so don't even bother.