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-   -   NC- Evicting a family member (https://www.askmehelpdesk.com/showthread.php?t=615933)

  • Nov 30, 2011, 01:19 PM
    MightB
    NC- Evicting a family member
    Hello, I'm in North Carolina and my aunt is currently living in my grandfather's house. She's been here for 12yrs. I'm my grandfather's power of attorney and I'm trying to straighten out his life. For over 11 years she paid no rent at all while my grandmother was alive- in August of this year I told her she had start paying rent if she was to continue living there. She agreed because she needed to prove she was helping pay bills in order to get food stamps. She only helped 2 months with bills before deciding she wasn't going to help pay anything anymore.

    There was a signed paper with her agreeing to pay my grandfather or me $400 a month toward paying bills but she kept the paper and I'm not sure if an oral contract is enough. Personally I'm not interested in the money- I just want her out of our house as she's sold drugs out of the house, lays around indecently exposed after drinking or doing drugs, refuses to help pay bills, leaves the place trashed with her stuff, stole a cellphone from me and ran the bill up.

    I don't have the money for an attorney but I've been doing all the research I can. Can I just give her a 7 day notice with a witness then go into summary ejectment? I don't understand the difference between a tenant and a resident in terms of evicting her. What would I need to do to resolve this situation?
  • Nov 30, 2011, 02:50 PM
    Fr_Chuck
    You may start the eviction process, but grandfather is going to have to agree, the first time he says, she can stay or does not have to pay, it stops all of your work.

    So he has to be on the same game plan, in fact why not have him sign the papers with you.
  • Nov 30, 2011, 02:50 PM
    JudyKayTee
    Here is how you START the process in NC -
    "If a landlord wants to evict a tenant who will not leave voluntarily, then he must file a Magistrate’s Summons and Complaint in Summary Ejectment in Small Claims (Magistrate’s) Court. The tenant must be served with the Summons and Complaint by the Sheriff’s Office, either personally or by posting. The Summons will state the date, time, and place for the court hearing. Small Claims Court hearings are informal, but both parties may have an attorney, present evidence, and subpoena witnesses."

    This is an EXCELLENT site for the info, from a reputable source (a source which I absolutely trust): North Carolina Evictions

    If she does not own part of the property she's a tenant.

    What would I do? First, do you think she would harm your Grandfather? If not, then I would send her a LETTER, return receipt requested, telling her you want her OUT - in accordance with the Statute I have posted.

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