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How to Evict a Family Member in North Carolina

Your family member rooming situation probably started out well. You and a family member decided to become roommates to share expenses or you family member asked to move in because he or she needed a place to stay. Everything was great for awhile, but after time, things started to go downhill and now it's time for your family member to leave. Except he or she has decided to stay. So now what? How do you evict a family member in North Carolina?

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Evicting a North Carolina Family Member Can Be Complicated

As living expenses rise, more family members are living together as a way to save money. As a result, more people are discovering that living with a family member is not all it's cracked up to be.

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Some family member think it's okay to just stop sharing in expenses. Others want to party all night. In North Carolina, getting rid of your obnoxious family member, though, depends on a number of factors.

Is Your Family Member on the Lease?

If your son, daughter, cousing or other family member is on the lease with you, then you have no authority to kick him or her out. That authority lies directly with the landlord, but even a landlord needs a legally valid reason to throw someone out if that person is on the lease. These reasons usually include not paying rent, using the home for illegal purposes or otherwise breaking the terms of the lease in some way.

The exception to this is if your family member is threatening you or is violent toward you. If this is the case, then you can get a restraining order and your family member must leave immediately.

Keep in mind that a family member on the lease with you is actually a co-tenant and has much right to live in the rental space as you do.

What to Do Now?

Unfortunately, if you live in North Carolina, then your options are limited if your family member is on the lease. You can try asking him or her to leave, but this doesn't always work and can lead to more conflict.

If you and your family member signed an agreement outlining rules of the house, everything from noise limits to cleaning duties and he or she breaks the agreement, then you probably cannot evict but you can sue for damages in small claims court.

Examples include your son or daughter having loud parties that keep you from getting your work done if you work at home or your uncle not paying his share of the utilities.

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While these situations could be grounds for suing, the risk is that if you sue, you may anger your family member but not enough to make him or her move out.

You can try talking to your landlord to see if he can get your family member to budge, but most landlords are content to leave things be as long as they are getting their rent on time and their property is not being destroyed.

An exception would be if you can show the landlord that your family member is breaking the lease in some way, such as selling drugs from the home (illegal use of the property) or has a dog when pets are specifically forbidden in the lease.

You have to be careful, though, because your family member could claim that the dog belongs to both of you and your landlord could decide to evict you as well as your family member. In North Carolina, this is particularly true if your lease has a joint and/or several liability clause, which essentially means that all the tenants on a lease can be held responsible for what other tenants do.

Your landlord might be a reasonable person (or corporation), though, and decide to evict only your family member. If this is the case, understand that it will take time. Your landlord must follow the law, which involves giving your family member notice of the eviction and time to remedy the situation.

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For example, if the grounds for the eviction are that your cousin has a cat and pets are forbidden according to the lease, then your landlord has to give your cousin adequate time to find the cat a new home. If your cousin does this, then he or she cannot be evicted. He or she can stay in the home and chances are he or she will not be happy with you.

It is possible, too, that your family member may just ignore the eviction notice and decide to stay in the home. In this case, your landlord will have to go to court to ask a judge to tell your family member to go. If the judge agrees, then the sheriff will come to escort your family member out of the property. If, though, your landlord loses in court, then your family member can stay.

Things You Cannot Do with Regard to a North Carolina Family Member

No matter how much you want your family member to leave, there are things that the state of North Carolina says you cannot legally do to make him or her vacate the home.

For example, you cannot threaten him or her. You cannot change the locks. You cannot take your family member's personal property. If you do, you may be looking at criminal charges. No family member, even a problematic one, is worth that.

Is Your Family Member Not on the Lease?

If your family member is not on the lease then you have more options for getting rid of him or her, although North Carolina does not make this easy.

And be careful here. If your son, daughter, aunt or other family member is not on the lease because he or she came to stay with you without your landlord knowing, then you might be the one breaking the lease terms and end up facing eviction.

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If, though, you have a family member living with you with your landlord's express or implicit permission - many landlords will let a family member stay in the home without signing the lease, or they will turn a blind eye to an extra tenant - then you can evict your family member

In North Carolina, there are, though, rules to follow. You must give your family member at least 30 days notice to move out. This notice must be put in writing. Send it to your family member via certified mail to ensure that he or she receives it. Keep the proof of receipt since you might need it later.

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If your family member ignores the notice or thinks he or she has grounds to stay in the unit, then you will have to file eviction papers known as "complaint in summary ejectment" in your local county small claims court, or in some cases, in district court. Your family member will receive a summons to appear in court for an eviction hearing. If your family member does not appear at the hearing, then you will automatically win your case.

If your family memberdoes appear, then be prepared to state your case clearly to the judge. Present any and all documentation you have. If you win your case, your family member has 10 days to move out. If you lose, you have 10 days to appeal. If you lose both the original case and the appeal, be prepared to be stuck with your son, cousin, uncle, aunt or other family member and have to pay his or her legal costs.

If your landlord is aware of your family member and you are on good terms with your landlord, then you might ask him or her (or it) to help you evict your family member. The downside with this that is your landlord - even a tolerant one - might just decide to evict you and your family member and start fresh. He would have legal grounds to do so if your family memberis not on the lease because you have broken the lease by having the illegal tenant.

Bottom Line

The bottom line is evicting a family member in North Carolina is not easy. Evicting anyone anywhere is not easy, even for landlords with solid legal grounds. It is a complicated, contentious and often costly endeavor.

Get Help

Ask an Eviction Law Question, Get an Answer ASAP!

If, though, you have decided that you have no choice but to evict your family member, then it is a good idea to talk to an experienced North Carolina eviction lawyer before proceeding. One small misstep could mean that you are the one having to look for a new home.

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