Legally, do I need an eviction notice to make my 23 year old daughter leave?

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Legally, do I need an eviction notice to make my 23 year old daughter leave?

Asked on December 1, 2012 under Real Estate Law, North Carolina

Answers:

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

Answered 9 years ago | Contributor

If your adult daughter pays rent (or a form of rent such as utilities, etc.), then she will be deemed to be a "tenant". Accordingly, she will need to be served a notice to vacate; typically 30 days. If she does not pay any rent, then she will be deemed to be a "licensee" (i.e. someone invited and allowed to stay on the premises at the owner's discretion). In that event, she will also need to be given notice but only about 3 or so days (depending on the specific law of your state).

If she fails to remove herself then you will either need to file for an "unlawful detainer" (i.e. eviction lawsuit) if she is a tenant; or an "ejectment" if she is a licensee. At such point as a judge rules in your favor, you will be issued a "writ of possession" and can then have a sheriff remove her if she fails to do so voluntarily.

In the meantime, use no self-help moves to get her out such as changing the locks, throwing out her belongings, etc. You could find yourself in legal trouble if you do.


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