If I’m renting a room in my home but would now like to get the renter out of my home, what do I do?

UPDATED: Sep 29, 2022

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If I’m renting a room in my home but would now like to get the renter out of my home, what do I do?

There is no lease agreement and they rent from week-to-week.

Asked on August 3, 2015 under Real Estate Law, North Carolina


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

Answered 7 years ago | Contributor

On the last day of their lease term (i.e. the last day of the week), you must give them a 2-day notice (as per NC law). If your tenant does not vacate, then you must file an "unlawful detainer" action (i.e. eviction lawsuit). Once you are granted a "writ of oossession", if the tenant is still on the premises then you can have the appropriate authorities (in many jusidictions it's the sheriff) to remove them, physically if necessary. Until that time however, engage in no "self help" measures such as tossing out their belongings or changing the locks. If you do, your tenant can sue you for wrongful eviction.

At this point you can consult with a local attorney who specializes in these type cases for more information.

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