How can I evict my girlfriend?

UPDATED: Jan 18, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 18, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption