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Eviction without reasonable notice?

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OhMyAntlers

Junior Member
Eviction without reasonable notice and no written lease?

What is the name of your state (only U.S. law)? North Carolina

I will try to keep this to just facts.

My fiance and I have been living on his parent's property, but in a separate building from their home. He has been in residence there for over a year. I moved in in March of 2009.

We have no written contract with his parents. It was verbally agreed that we would help take care of the livestock and property in exchange to live there, rent free.

While on vacation over Christmas, his mother called him and a petty argument ensued. At the end of this discussion, his mother demanded that we vacate the premises by Sunday. This conversation took place on Tuesday of this week, while we were out of state. We returned to NC last night.

They also changed the gate code and will not give us the new code. So we cannot access our property without their permission and without their presence at the property to open the gate.

I just want to know:

A. Is this legal in terms of reasonable notice of eviction?
B. Are they allowed to change the gate code and restrict our access to our property?

I don't know what our rights are due to the fact we have no written contract.

Time is running out....thank you in advance for your help.

-Erica
 
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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? North Carolina

I will try to keep this to just facts.

My fiance and I have been living on his parent's property, but in a separate building from their home. He has been in residence there for over a year. I moved in in March of 2009.

We have no written contract with his parents. It was verbally agreed that we would help take care of the livestock and property in exchange to live there, rent free.

While on vacation over Christmas, his mother called him and a petty argument ensued. At the end of this discussion, his mother demanded that we vacate the premises by Sunday. This conversation took place on Tuesday of this week, while we were out of state. We returned to NC last night.

They also changed the gate code and will not give us the new code. So we cannot access our property without their permission and without their presence at the property to open the gate.

I just want to know:

A. Is this legal in terms of reasonable notice of eviction?
B. Are they allowed to change the gate code and restrict our access to our property?

I don't know what our rights are due to the fact we have no written contract.

Time is running out....thank you in advance for your help.

-Erica
It is NOT legal.

You are a tenant. You may not be paying rent, but you do pay your way by helping with the livestock. As long as you are doing that, you are keeping your end of the agreement.

Contracts do not always have to be in writing. Most states recognize the validity of a verbal contract, especially when it can be proven by your actions.

By changing the gate code and blocking you access to your personal property and the premises in which you agreed to reside, they have effectively illegally evicted you. Call the police and demand they provide you immediate access to your rightful residence & property. If they want to evict you LEGALLY, they must give you notice and file a complaint with the court to receive an eviction order ("Summary Ejectment") before possession can be obtained.
 

atomizer

Senior Member
Make an appointment with a Real Estate Attorney. It may just be that you are an employee rather than a tenant.
 

atomizer

Senior Member
4. Employer-employee relationship. Summary ejectment is not appropriate if the relationship is employer-employee, which means that landlord does not have to use summary ejectment if employer-employee relationship ends. However, for a defendant to avoid eviction on the basis that the rental of the premises is part of an employer-employee relationship must prove that the occupancy of the residence by the employee is reasonable necessary for the better performance of the particular service, inseparable from it, or required by the employer as essential to the employment. [ Simons v. Lebrun , 219 N.C. 42 (1941) (defendant hired as manager of two houses and allowed to live in room in one by employer not critical to job as manager and therefore not employer-employee relationship, but rather landlord-tenant relationship).
5. Legal Assistance for Military Personnel | The North Carolina State Bar
 

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