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I live in no Carolina and share a home with a roommate who…

I live in no...

I live in no Carolina and share a home with a roommate who has not paid any rent or utilities in 8 months. Can I evict them?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

No carolina

Lawyer's Assistant: Has anything been filed or reported?

I gave her written notice to leave in 30 days based on default of lease and verbal agreements

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is telling me that I can't evict her and since the landlord is getting paid by me they really don't have any grounds to evict

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Answered in 3 minutes by:
9/24/2017
Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 2,250
Experience: Attorney-at-Law
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Hello, my name is ***** ***** I will be helping you today.

Is your roommate someone who is on the lease with you, or do you have a separate sublease/roommate agreement with them?

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Customer reply replied 10 months ago
She is in the lease with me

So that means that she is correct with regards ***** ***** because only the landlord can evict for nonpayment of rent when the roommate is on the main lease. However, you can sue them in small claims court for their share of the rent.

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Customer reply replied 10 months ago
Okay thank you

You are welcome. Going forward with new roommates, you might want to think about creating a separate roommate agreement which gives you rights to evict under certain circumstances.

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Please remember to provide a positive rating so I get credit for helping you today!

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Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 2,250
Experience: Attorney-at-Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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