How can I evict my girlfriend?

I gave her notice to move by the first of next month; that was about 3 months ago. She still hasn’t secured a place.

Asked on January 18, 2013 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The answer depends on your girlfriend's legal status:

1) Are you and she both renting from the same landlord? If so, you cannot evit her; one tenant may not evict another tenant.

2) Is she renting from you--that is, do you own the home and she is paying you rent, or are you the tenant on the lease and she is contributing towards the rent without being on the main lease (so she is a subtenant of yours)? If so--

a) If there is a written lease or sublease for a definite time between you and her, you cannot evict her until the lease expires, unless she otherwise gives you legal good cause, such as by not paying rent.

b) If she is a month to month tenant or subtenant, on either a month to month written lease or an oral/verbal lease, you  can give her 30 days written notice terminating her tenancy, then bring an eviction action against her if she does not move.

3) If she is not paying any rent and is simply your "guest"--that is, you've been letting her live with you for free--then you can ask her to leave at any time and if she does  not go, bring an "ejectment" action (basically, eviction for non-tenants) against  her.

Even when you can legally remove her, you can only do so through the courts. You may wish to retain a landlord-tenant attorney to help you.

 


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