If I’ve asked a tenant to leave my home, how long of a notice do I need to give her?

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If I’ve asked a tenant to leave my home, how long of a notice do I need to give her?

My renter has not signed a lease and it has become apparent that we should not be roommates. Her son also lives with us part of the time and I need to know what the time frame is of legal notice regarding her departure from my home since there is a child involved? At what point will I be able to change the locks?

Asked on January 16, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since you have a tenant with no written lease, you are required to give her a 30 day notice to terminate her lease with you. If she fails to move out in this 30 day time period, your recourse if you want her out is to serve her with an unlawful detainer action (eviction notice) through the county court house.

If the situation comes to the point of having to file a legal action, I recommend that you consult with a landlord tenant attorney to assist you in removing this renter legally.

Youwill be able to change the locks when the renter has vacated the rental with no intent to return.


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