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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102504
Experience:  Attorney
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We invited my stepdaughter and her boyfriend in to stay in

Customer Question

We invited my stepdaughter and her boyfriend in to stay in a house that we are currently renting. We live in a development with an HOA. They are not on the lease as tenants Our landlord received complaints from neighbors that they were disturbing the peace. The landlord met with us and informed them they had 7 days to vacate due to the HOA s threat of fines. Do they have the same rights as regular tenants. They have been there 6 mos. They do not pay any form of rent. Do we have to give them 30 days notice.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
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I am sorry to hear about this situation. I take it that the landlord KNEW and APPROVED the non-paying sub-lease that you created with her and her boyfriend.
Do they have the same rights as regular tenants.
Yes, they do. However, regular tenants may also be evicted for disturbing the peace.
They have been there 6 mos. They do not pay any form of rent.
That means that they are (sub)"tenants at sufferance" (in NC this term is also mixed with "tenancy at will"). This is the weakest form of tenancy when someone allows someone else to live on the property. This is at the will of the actual controlling party, meaning you. They can be asked to leave at your discretion.
Do we have to give them 30 days notice.
A notice is not required in NC for a tenant at sufferance, although it is recommended to do - at least 3 days.
If you do not comply, the landlord may then try to end the tenancy (meaning both yours and theirs).
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