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FamilyAttorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1367
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I live in nc. I let a couple and there child stay in my

Customer Question

I live in nc. I let a couple and there child stay in my house after they got kicked out of there house. They have punched holes in the wall, broke a window and even broke a hole in my floor. I did not charge them any rent just let them stay there. I want them out can I just kick them out now.
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  FamilyAttorney replied 7 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute, type your answer and then I’ll be right back. I promise I haven’t disappeared but am working on your answer.

Customer: replied 7 months ago.
Expert:  FamilyAttorney replied 7 months ago.

I'm really sorry you're going through this. That's awful, and I wouldn't want these people to stay in my house either. In most cases you have to give certain notice, such as a 7-day notice, or a month's notice, or a 2-day notice.

You can't kick them out right now because they can sue you for wrongful eviction. Once you have someone in your house or apartment, it's difficult to get them out, so you'll know for next time. But in your state, if there are lease violations -- there's no lease here but destruction of property is a violation ---then you don't have to give notice and can take steps to evict right away.

A landlord has the right to evict a tenant who damages the rental property. Willful or intentional destruction of the leased premises could also result in a misdemeanor charge in North Carolina. (N.C. Gen. Stat. § 42-11.)

A landlord is not legally obligated to give a tenant an opportunity to cure (fix) a lease violation of damage before starting eviction proceedings.There are no minimum notice requirements. Unless the lease requires notice and an opportunity to cure, the landlord can file eviction papers upon learning of a violation.

What you need to do is either hire a landlord-tenant attorney or file these papers yourself, which you can do, in your local court which handles landlord-tenant cases. If you want me to find an attorney for you I'll be happy to do so. If you need help with the court, let me know that too. They will give you a form, or you can look online to see if they have eviction forms for NC for your county for damage and destruction of property.

I know you want to get them out right away, but you can't because you can be sued and fined. However, you can go straight to an eviction proceeding and that should be pretty quick.

Expert:  FamilyAttorney replied 7 months ago.

Do you have any questions? I'm happy to help.

Expert:  FamilyAttorney replied 7 months ago.

Let me know if you need information about the local court. You can do this yourself. These forms are relatively easy to do and a judge will generally sympathize with you if they were living there rent free and destroyed your property.

Please let me know if I can help with anything else as I’m happy to do so.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars) and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

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Expert:  FamilyAttorney replied 7 months ago.

That should be judge -- auto-correct. Sorry.

Expert:  FamilyAttorney replied 7 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you.


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