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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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I've asked her to move out couple years now she get a job

Customer Question

I've asked her to move out for a couple years now she get a job and quits I've supported her for 16 years I want her out of my house and life
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I think some of your comments and question might not have made it through when you posted.. This is what I see:

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I've asked her to move out for a couple years now she get a job and quits I've supported her for 16 years I want her out of my house and life

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Can you tell me who you are talking about?

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Do you want to force the person to leave your home?

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How old is the person?

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Is there any type of written lease between you where she is your tenant and is supposed to pay rent?

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thanks

Barrister

Customer: replied 1 year ago.
getting my old girlfriend to move out of my house I own. she is 54
there is no lease no sex between us over the last several years neither of us have any children. I want to move on with my life. she has never worked more than 2 months full time with any job she has had. I've paid her health insurance car insurance and storage space rent for years costing me money towards my retirement am 53 she is verbally abusive towards me telling me to leave my house and move back to ky
Expert:  Barrister replied 1 year ago.

Ok, then if you are in NC, you can formally terminate her tenancy with a written 7 day notice to vacate. Then if she doesn't move out within that 7 days, you can file a formal eviction action in court to get a judgment and a writ of possession and have the sheriff physically force her to take her property and leave.

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If she doesn't move out within that period, then on the 9th day after you deliver the notice, you can file a "summary ejectment" complaint with the local magistrate court asking for possession. The clerk will set a hearing date and both you and tenant will appear and state their cases.
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As long as you have a copy of the 7 day notice you served her with, you will get a“judgment for possession.”
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Tenant then has 10 days to either move or appeal the judgment. If they appeal, then if they owe any rent, they have to pay any current and undisputed rent to the court in order to be able to appeal. If they don't appeal, 11 days after getting a judgment for possession, you can get a Writ of Possession of Real Property issued by the Clerk of Court.
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The writ directs the Sheriff to physically remove the tenant and her personal property from the premises. The Sheriff, not you, is the only one who can remove the tenant and/or her personal property from the premises.

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thanks

Barrister

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