She wants him out. Please help.

[Asterix]

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

My Neighbor has a young man that has over stayed his welcome in her home. He came to stay what she thought was going to be a few short weeks. She owns the home. He pays no rent. There is no written agreement between them. He does no chores. Buys no food. Never offers to help out in any way he could. He is basically leeching off of her. Since he pays nothing and there is no contract, can she just tell him to leave? He goes out on some nights with his boyfriend doing God knows what. And returns home more often than not, drunk. This neighbor has a 7 year old son in the home who does not need to witness his actions. More over she has told me that she has it on good authority he may be positive for HIV. He has a compulsion to bite when aggitated during mild altercations. This makes me worried he will purposely bite her, thus infecting her with his disease. She is a very good hearted woman. She doesn't deserve such disrespectful treatment. Please help.

 

[justalayman]

she needs to give him a notice to leave (as required by the state laws) and if he refuses, evict him per the state laws.

 

[Andy0192]

She's also under no legal obligation to feed him. Put a lock on the refrigerator.

If he attempts to bite or attack, call the police. The rest is all nonsensical drama. If he's such a bad person, she was a fool to let him live in her house to begin with.

 

[womenncharge22]

She needs to contact the local magistrate! Make sure you talk with the Criminal and Civil Magistrate. I just went through this with my brother in Johnston County. The law has apparenty recently changed. You can tell the person to leave if he refuses call the police, explain the situation, then proceed to the magistrate to swear out a trespass warrant. The police will come out and make him leave.

I am not sure if this is a state law!

I am not a lawyer!

I would advise you to go and speak with the local magistrate.

GOOD LUCK!

 

[Banned_Princess]

She needs to contact the local magistrate! Make sure you talk with the Criminal and Civil Magistrate. I just went through this with my brother in Johnston County. The law has apparenty recently changed. You can tell the person to leave if he refuses call the police, explain the situation, then proceed to the magistrate to swear out a trespass warrant. The police will come out and make him leave.

I am not sure if this is a state law!

I am not a lawyer!

I would advise you to go and speak with the local magistrate.

GOOD LUCK!

Dont post wrong information on a dead thread.

 

[womenncharge22]

This isn't wrong information. I just lived this a couple of weeks ago. When was the last day you were in a court room?

Are you from NC?

You are very rude, and your advice is not helpful in my opinion.

 

[applecruncher]

This neighbor has a 7 year old son in the home who does not need to witness his actions.

Then she should not have opened her home to this man. She created her own problem. (All the "she is a good person/woman" garbage is here nor there. Sounds like she doesn't have a brain in her head. If you want something to worry about, you should worry about her raising a child in that atmosphere.) And, if YOU are the woman pretending to be a concerned neighbor/friend, then the same applies to you. OP, you seem to know a lot about your neighbor and what's going on in her house.

She/you need to give notice and follow eviction procedures.

 

[Banned_Princess]

This isn't wrong information. I just lived this a couple of weeks ago. When was the last day you were in a court room?

Are you from NC?

You are very rude, and your advice is not helpful in my opinion.

well, good no one cares about your oppiion.

stop opening dead threads with advice that is contrary to state law.

 

[womenncharge22]

By the way, this advice may be contrary to state law, but not according to the Criminal Magistrate for Johnston County, NC (919) 209-5460 or the Civil Magistrate (919) 209-5462.

 

[justalayman]

She needs to contact the local magistrate! Make sure you talk with the Criminal and Civil Magistrate. I just went through this with my brother in Johnston County. The law has apparenty recently changed. You can tell the person to leave if he refuses call the police, explain the situation, then proceed to the magistrate to swear out a trespass warrant. The police will come out and make him leave.
!

how long was this person staying with your brother? Was there any violence or threats of violence involved?

Unless the person was there a very short time (as in not long enough to be considered a resident) or there were threats of or actual violence, the police would have no right to remove the person as they would not be trespassing. As a resident, they would have to be evicted.

 

[womenncharge22]

The person WAS my brother. He had been living with my mother since his birth. He is 33y/o, does not have a job, did not contribute to the house in any way (i.e. cleaning up, yard maintenence). We were told by the Magistrates that we did not have to evict him. We gave him notice and he was forced to leave.

Before seeing the Magistrates by the way, we were told this by the Judge in an appeal hearing for his GF. Long story.

See my other posts.

I plan to go the Sheriff's Dept. today to complain about the lack of general knowledge on this very suject because my brother almost got back into the house on Saturday while his GF was getting her things b/c the Deputy was not aware of this fact. It was only after I called the Magistrate and handed the phone to the deputy that he made him leave.

That is why I told this women to check with the Magistrate. Every person you let in your house doesn't have the right to live there forever! What ever happened to property owners' rights!

 

[>Charlotte<]

how long was this person staying with your brother? Was there any violence or threats of violence involved?

Unless the person was there a very short time (as in not long enough to be considered a resident) or there were threats of or actual violence, the police would have no right to remove the person as they would not be trespassing. As a resident, they would have to be evicted.

This is correct. It would have to have been for an extremely short time. Especially if the "guest" can show reasonable evidence that he is actually living there and not just visiting.

 

[womenncharge22]

Unless the person was there a very short time (as in not long enough to be considered a resident) or there were threats of or actual violence, the police would have no right to remove the person as they would not be trespassing. As a resident, they would have to be evicted.

Look, maybe this is just Johnston County, NC but I went to the Clerks Office on Monday morning and spoke with the Civil Section Supervisor and Head Clerk who called the Lt. over the Civil Division of the Johnston Co. Sheriff's Dept. along with the Chief of Deputies (Supervisor over all Deputies) of the Johnston County Sheriffs Dept. and was told without a doubt that a person that does not pay rent and does not contribute to the household, no matter how long they have been there, does not have to be evicted. My case is the proof!

My brother lived with my mother at that residence since she moved there in 1998. We gave him a written notice to vacate. When the date came, the sheriff made him leave. He was allowed to gather some belongings, but was made to leave.

I urge you to check with the magistrate in your area to be sure before you proceed with a pointless eviction as I did with my brother's GF.

The key here is: No lease, pay's no rent, does not contribute to the running of the household.

I provided the numbers to the Magistrates of Johnston County for anyone interested in checking.

 

[justalayman]

My case is the proof!

The key here is: No lease, pay's no rent, does not contribute to the running of the household.
.

No, your case is proof that a sheriff that does not understand landlord tenant law and the fact that he could be sued for illegally displacing a tenant from their residence.

Rent nor contribution to the running of the household are requirements to establish a tenancy.

by reading a few of your other thread posts, it also appears that you believe a lease must be written. It doesn't. You can have a verbal lease. I also noticed that with all of your claims here, not only were you required to evict the woman staying with your brother, you had a very difficult time getting her to leave even after you had won the eviction hearing.

What happened to simply calling up the sheriff and having them remove a person that doesn't pay rent or contribute to the household?

 

[Banned_Princess]

Brilliant as always Justalayman.


Apparently she just did not ask the right officer.