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David Stewart
David Stewart, Attorney
Category: Landlord-Tenant
Satisfied Customers: 125
Experience:  Highly experienced attorney Commercial Law, Litigation, Intellectual Property Law, and Family Law
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My brother, his sister, and his infant son, moved into my

Customer Question

My brother, his sister, and his infant son, moved into my home in May of this year. I was not anticipating the "sister" moving in but accommodated her. She pays no rent, has no lease with me, and is often very nasty to me. I want her out of my house but she keeps threatening that she doesn't have to go anywhere because she "receives mail at my house". (which is true, but she also receives mail in about 3 other places as well). I feel like I'm a hostage in my house. What are the laws on this in North Carolina? Am I really this hamstringed?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: North Carolina
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No, there is no lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, thank you.
Submitted: 6 days ago.
Category: Landlord-Tenant
Expert:  David Stewart replied 6 days ago.

I am really sorry you are having to deal with such a difficult situatuon. There is no law that says a person is entitled to stay in a residence because they are getting mail there. If you have asked her to leave and she will not leave, she is trespassing. I would tell her to get out and stay out right now. If she will not leave call the police and have her removed and cited for trespassing. If she threatens you in any way file a pokice report and if it gets bad enough seek a protective order. I hope this helps you! All the best, david

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