Good morning. My name is ***** ***** I look forward to helping you.
Yes, you are correct in that you can get a restraining order to get her out while the eviction process runs its course, but if she won't leave voluntarily, you do need to go through the actual eviction process...called ejectment in NC...to avoid being accused of an illegal eviction. What that means is that if she will not leave on or before your 30 day notice of termination, you will then need to give a 10-Day Notice to Quit under NC law..meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an ejectment order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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