Girl Friend eviction

I live in North Carolina and things have been very difficult between my girl friend and I for some time now. I have told her that it is over between us and that we should part away. She has been living at my home for over 3 years now and, although she has a good and stable job as a nurse, she has never contribute to any of the household bills or mortgage beside buying groceries from time to time. I bought my home several years before she moved in with me. To make matter worse her daughter also moved in with us 4 weeks ago after she broke up with her own boy friend as a ‘temporary’ situation because she did not have a job. Now I really want my girl friend and her daughter to move out of my house. I even offered to help her with the move to a certain limit. I wish she would leave without the need for me to take any legal action but she refuses. What can I do legally to force her and her daughter to leave my house?

Asked on May 12, 2017 under Real Estate Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since your girlfriend has paid a form of rent (i.e. the groceries), after 3 years she will now be considered to be a "tenant". This means that you will need to serve her with a 30 day notice to quit. If she fails to vacate at the end of that time, then you will need to file a formal eviction to remove her. In most states it is called an "unlawful detainer" action. As for her daughter, you can file for an "ejectment" which is like a quick eviction but for a guest (as oppossed to a tenant). As this can all get complicated, at this point you should consult directly with a local attorney who handles landlord-tenant cases. They can best advise you further. In the meantime, take no "self help" measures such as changing the locks, removing their belongings, etc., as you could find yourself being sued for illegal eviction.

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