I did a sublet for my 3 bedroom townhome. When one of the roommates moved in he lied about being mentally unstable and issues with the law in the past. We made a 6 month agreement stating the households rules. i made a hand written one in addition to the typed one stating about making sure doors were locked, lights were off, not breaking others property ( a few things of mine were broken and he refuses to pay for them.) He signed both. He js an alcoholic, suicidal, doesnt care for others belongings, eats anything and everything that isnt his, talks about killing people, harming himself, and has even hurt one of the dogs here. He doesnt shower, leaves food and clothes everywhere, doesnt clean up after himself, or respect others. I want to get him out of here. The handwritten one states that if these are not met than thats immediate eviction. if he signed it, does it still qualify? what are my options now. I actually fear for myself, the other roommate, and the animals here. Would a typed 30 day letter suffice?
Country relating to Question: United States
State (if USA): North Carolina
Repeatedly asking him to stop, almost twice a day for the last two months.
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Good afternoon. Even though he signed the statement and even if he is in default, if he does not leave voluntarily, then the normal unlawful detainer process must be filed. That means the landlord (and with regard to this sublessee, you are the landlord) cannot simplychange the locks or throw the tenant's things out. Rather, what the landlordhas to do is to first deliver a 3-Day Notice to quit...which basically says thetenant has 3 days to leave or face eviction. But, if the tenant still hasn'tleft, the landlord must then file an unlawful detainer petition with the courtfor an eviction order. BUT, in your case, if the tenant poses a personal threat to either your person or property, then you can also seek a temporary restraining order .... this will force him out immediately to protect you personally and the property while the unlawful detainer process runs its course.
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