Eviction after separation from spouse

[KMorgan]

What is the name of your state? north Carolina

 

[Just Blue]

What is the name of your state? north Carolina

More information will be needed in order to assist you.

 

[LdiJ]

What is the name of your state? I live in NC & my husband & I separated & we live in a rental house & his name is the only one on the lease but he decided to move out of the house but now wants it back but wants my son(his stepson) & I out & called the police to try & do so...but the police said they can not kick me out because we're married. The only lease that he has is an old lease & it's dated 3/19-4/19 on month to month lease & no more lease's were written after that. I want to stay in the home & can afford to do so but the landlord is really on his side & says I can't & will not accept my payment for rent & soon as I move out she's letting him move back in the house. Is there anything I can do to be able to stay in the home & can the landlord take action against me if I don't move? And if I do have to move...how long will I have to do so?

If the landlord has given you notice to move out then you need to do so within that notice period. If the landlord has already started eviction proceedings then you need to move out ASAP or risk your stuff being moved to the curb after an eviction proceding.

Just find somewhere else to live ASAP.

 

[zddoodah]

What is the name of your state? north Carolina

Good to know. Do you have a question? Also "septation" isn't a word (maybe to "septate" something could mean to divide it into seven parts?). I assume you intended to type "separation."

 

[KMorgan]

Lol...yes that's what I meant. I'm sorry!

 

[zddoodah]

Lol...yes that's what I meant. I'm sorry!

Great...so...again...do you have a question?

 

[KMorgan]

Yes...my husband & I separated & my husband decided to move but my son(his stepson) stayed in the home which is a rental property & the lease is only in my husband's name. The last lease made was 3/19-4/19 on month to month basis but now my husband wants to move back but wants my son & I out. He called the police to try & have me kicked out but the police said he couldn't do that due to us being married. I want to keep the house & can afford to do so...but the landlord is totally on my husband's side & refused my payment & her plan is for me to move & soon as I would she's letting him move in.Is there anything I can do or if I do have to move...how long would I have?

 

[KMorgan]

Meant to say my son & I stayed in the home

 

[Just Blue]

Yes...my husband & I separated & my husband decided to move but my son(his stepson) stayed in the home which is a rental property & the lease is only in my husband's name. The last lease made was 3/19-4/19 on month to month basis but now my husband wants to move back but wants my son & I out. He called the police to try & have me kicked out but the police said he couldn't do that due to us being married. I want to keep the house & can afford to do so...but the landlord is totally on my husband's side & refused my payment & her plan is for me to move & soon as I would she's letting him move in.Is there anything I can do or if I do have to move...how long would I have?

When were you given notice of lease termination by the LL?

 

[KMorgan]

When were you given notice of lease termination by the LL?

I've never received one. The landlord has just been totally rude & popping up at the house yelling at me that I better get out & saying I'm not on the lease. Ive always treated her with upmost respect & cause no problems at all but she's totally on my husband's side & refused payment for rent from me so he can move back once I'm gone. I'm not sure what to do...but with the home being hers I'm sure I will have to move.

 

[Just Blue]

I've never received one. The landlord has just been totally rude & popping up at the house yelling at me that I better get out & saying I'm not on the lease. Ive always treated her with upmost respect & cause no problems at all but she's totally on my husband's side & refused payment for rent from me so he can move back once I'm gone. I'm not sure what to do...but with the home being hers I'm sure I will have to move.

The landlord being "totally rude & popping up at the house" yelling that you had better get out is notice that you are to move. Not great notice, but she is giving you notice. So when did s/he first tell/yell at you to get out?
You should be looking for a new place and moving ASAP.

 

[KMorgan]

The landlord being "totally rude & popping up at the house" yelling that you had better get out is notice that you are to move. Not great notice, but she is giving you notice. So when did s/he first tell/yell at you to get out?
You should be looking for a new place and moving ASAP.

The landlord being "totally rude & popping up at the house" yelling that you had better get out is notice that you are to move. Not great notice, but she is giving you notice. So when did s/he first tell/yell at you to get out?
You should be looking for a new place and moving ASAP.

 

[KMorgan]

It was around the beginning of August & rent had just gotten paid so I figured I've at least have til September & will try & pay the rent once again hoping she'd be ok but obviously not when I tried to pay & she wouldn't accept it. I didn't know if I'd get an eviction notice first & I'd have at least the 7 days after but considering I'm not on the lease then she may not be able to get an eviction on me. So basically I need to go asap & there's nothing I can do so I'll have to just do that.

 

[reenzz]

Not having a lease just makes things worse for you. Your husband and/or your husbands landlord can legally evict you.

 

[Just Blue]

It was around the beginning of August & rent had just gotten paid so I figured I've at least have til September & will try & pay the rent once again hoping she'd be ok but obviously not when I tried to pay & she wouldn't accept it. I didn't know if I'd get an eviction notice first & I'd have at least the 7 days after but considering I'm not on the lease then she may not be able to get an eviction on me. So basically I need to go asap & there's nothing I can do so I'll have to just do that.

Why would you think you have to be "on the lease" to be evicted? The eviction process is the legal remedy to get a tenant/squatter out of your property ...lease or no lease.

Do everything in your power to avoid an eviction. A eviction on your record will all but guarantee you will never be able to rent a decent property for many years.