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Barrister, Attorney
Category: Legal
Satisfied Customers: 37084
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My sister came down to stay with me since 28 jan 2016 and now

Customer Question

my sister came down to stay with me since 28 jan 2016 and now decide she wont pay any rent, she refuses to leave. can I put her out?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Can you tell me what state you are in?..thanksBarrister
Customer: replied 1 year ago.
North carolina
Customer: replied 1 year ago.
What can I do
Expert:  Barrister replied 1 year ago.
Ok, thank you for that information. Unfortunately, if you have let her live with you and move in her personal property, then she would legally be considered a tenant under an oral month to month tenancy and you would be her landlord. Once a person lives somewhere for over a brief period of time (a week or two), then they gain the same rights as a legal tenant..With that said, if you were to throw her out and lock the door, she could call the police to come and they would come out and tell you that you can't do so and would have to allow her access to the property until you got a legal judgment of eviction..
Expert:  Barrister replied 1 year ago.
However, in NC, you can terminate her tenancy with a written 7 day notice stating the date her tenancy will end..If she doesn't move out, then you can pursue a formal eviction through the courts to get a judgment and a writ that the sheriff will execute and put her out. This process takes about 3 more weeks after the 7 day expires...As an aside, in addition to being an attorney, I have also been a landlord for over 26 years....thanksBarrister
Customer: replied 1 year ago.
I told her this was. Trial period Nd she was told no to bring her stuff
Customer: replied 1 year ago.
I am willing to pay her way back home
Expert:  Barrister replied 1 year ago.
I am sorry, but the law doesn't really look at what your initial agreement was, just what it turned into. And unfortunately, now she is your tenant and you are her landlord and you will have to evict her through the courts if she won't voluntarily leave..I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister
Customer: replied 1 year ago.
Expert:  Barrister replied 1 year ago.
You are very welcome, even if the news is kind of lousy....thanksBarrister