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Experience:  Specialize in all phases of commerical and residential real estate transactions
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Good Afternoon. Can I evict someone from my home in North Carolina

Resolved Question:

Good Afternoon. Can I evict someone from my home in North Carolina? The primary residence is in my name only.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Real Estate Expert replied 5 years ago.

HelloCustomer

 

Yes you can certainly eviction someone from your home.

 

The first thing a landlord has to do to begin an eviction is to end the tenancy. This is done by giving an eviction notice. Usually, a 72 hour notice.

Next, the landlord can file an eviction action in the local court. The action has to be served in a way defined by the law on the tenant by someone other than the landlord. Make sure papers, if any, are served properly. If they aren't, the court won't allow an eviction.

After receiving eviction papers the tenant has a chance to answer. The time for the tenant to answer will be on the papers that are served. This is the time for the tenant to raise defenses such as that the landlord didn't give proper notice of termination, or tenant has a valid lease and has the right to remain in the premises.

If tenant raises a valid issue, the case will be set for a hearing or trial on the facts. This is the time for the tenant to produce proof, including inadequate notices given by the landlord and letters written by the tenant.

If the court rules that the landlord can evict the tenant, the landlord still can't change the locks. The landlord must take the court order to the sheriff and the sheriff will come and post a notice, usually on the tenant's door, telling the tenant that if she or he does not move out by the date and time given, the sheriff will come and remove the tenant and the tenant's belongings from the premises.

This whole process can take anywhere from 14-30 days.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Thank you.

Real Estate Expert, Lawyer
Category: Real Estate Law
Satisfied Customers: 1974
Experience: Specialize in all phases of commerical and residential real estate transactions
Real Estate Expert and other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
One final note, the person does not pay rent. I pay the full house mortgage, so I am still considered a landlord?

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