QUESTION
What measures do I have to take to get him out?
Asked on Apr 22nd, 2014 on Landlord and Tenant Law - North Carolina
More details to this question:
I am a homeowner with my ex living here rent free. I've verbally asked him to move out several times and he’s not leaving. The house is mine and all bills are in my name. We do not have a written lease agreement and he does not financially contribute to the household. He insists that I cannot legally kick him out and that he has a right to be here.
4 ANSWERS
As I understand your facts, title to the residence is in your name and he is not on the title. You refer to "my ex," which could mean your ex-boyfriend or your ex-husband. If the latter, then possession of the residence should have been resolved in the divorce proceedings. If the former, then he is a "tenant at will" (i.e., initially you gave him permission to live in the residence) and you need to give him a 5-Day Demand for Possession. When (not if) he doesn't leave, then you need to file an eviction action.
Answered on Apr 23rd, 2014 at 11:23 AM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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If the relationship was terminated through a family law court proceeding, then your remedy may be file a motion in that family law proceedings to enforce in order to give you full possession of the property. Otherwise, you would need to go through the eviction action.
Answered on Apr 23rd, 2014 at 10:45 AM
You could make a police report to have him trespassed from your home.
Answered on Apr 23rd, 2014 at 10:26 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You must give him a written 30-day notice to quit and when he doesn't leave, file an eviction action against him.
Answered on Apr 23rd, 2014 at 10:26 AM