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Thelawman2
Thelawman2, Attorney
Category: Legal
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Experience:  Attorney-at-Law
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I live in no Carolina and share a home with a roommate who

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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?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: No carolina
JA: Has anything been filed or reported?
Customer: I gave her written notice to leave in 30 days based on default of lease and verbal agreements
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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

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?

Customer: replied 28 days 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.

Customer: replied 28 days 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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