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We are currently living in my daughters house and paying their

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mortgage because she is seperated...
We are currently living in my daughters house and paying their mortgage because she is seperated and has mental issues. now because of her mental issues she is envicting us.This all started because we had to file a restraining order against her this weekend. We have no problem moving we want to at thhis point. what are our rights and how long do we have to vacate. we do not have a lease. she is saying we have only ten days. Please any help would be great
Submitted: 4 years ago.Category: Legal
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Answered in 1 minute by:
6/4/2013
Lawyer: Dimitry K., Esq., Attorney replied 4 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, can you prove that you have been paying rents toward her mortgage? When did you may your last payment? Did she give you notice in writing to leave, or was it an oral request?
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Customer reply replied 4 years ago


We give her husband the rent every month. The last payment was around may 4th. Because she can't be in contact with us she told her husband to tell us.

Lawyer: Dimitry K., Esq., Attorney replied 4 years ago

Than you for your follow-up.

In that case you have a significant amount of options available. First of all, a legitimate notice to leave the premises must be in writing. It cannot be oral, and even if she cannot be in contact with you, she could still send the notice via certified mail or get a third party to deliver it to you. Oral comments are simply not sufficient.

Otherwise she can give you notice of only 7 days, as per North Carolina laws linked to here:

http://www.lawserver.com/law/state/north-carolina/nc-laws/north_carolina_laws_42-14

If she accepts rent from you, then she cannot seek an eviction, but she can legally demand you leave if she otherwise follows the state regulations. As you are a month-to-month tenant, you would be entitled to 7 days notice.

Hope that helps.

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Customer reply replied 4 years ago


Just so I have this clear, if she goes to city hall gets an eviction notice and have it served to use. Than we have only 7 days to move out. I an still a little confused. They take out money every month.

Lawyer: Dimitry K., Esq., Attorney replied 4 years ago

Thank you for your follow-up.

She cannot go to city hall and obtain an eviction notice yet. Without proving that she gave you 'written notice' to leave, she would be barred from filing for an eviction outright. That notice is the first step before she can even attempt to pursue the means of removing you from the premises. That notice would give you 7 days to leave. Then if you stay beyond those 7 days, only THEN she could go to court and file a petition for an eviction hearing. Only then would the courts summon you for the hearing and formally rule on whether or not her demand that you leave or not is valid.

Good luck.

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