We own our own home in Upstate New York. We moved to North Carolina 2 months ago and rented out our house to a tenant. Since we moved, we fell under economic hardship, I am still not working due to no work in area and low paying jobs, and my fiancé was promised more money than he is actually making. This has made it difficult for us because we are on 1 income that has been reduced compared to what just he was making and now with me still not working, it has become some what impossible to continue living like this. In addition, after the move, we recently found out that we are expecting a baby. And on another note, my mom's sister is very ill with cancer in the hospital. Due to these reasons, we have contacted our tenant by phone and requested her to move out with 45 days notice. She declined. We need to take back possession of our home. Do we have any legal rights?

Thank you,
inqmind

None. You entered into a lease arrangement, you can't just break it because your move didn't work out. You basically have two options. Find someplace else to live until the lease expires or pay the tenant a bonus to move. You can't get them out until the lease expires. You also have to adhere to the terms of the lease in informing them that you will not be renewing the lease.