If a tenant does not have a lease and refuses to leave the property, what is the process for having them evicted?

Asked on September 24, 2012 under Real Estate Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your tenant does not have a written lease with you, under the laws of all states in this country the rental that you have written about is deemed a month-to-month lease. In order to evict your tenant, you serve him or her with a thirty (30) day notice of termination of the lease.

If he or she does not vacate on this period then you will need to consult with a landlord tenant attorney to file an unlawful detainer action in your local court house in the county where the property is located.

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