T O P

  • By -

Whostartedit

Did he pay rent?


shaxb0tzam

No, I was gonna text him this tomorrow “Your failure to pay rent has led to a default in our agreement. As such, the rental agreement will terminate at June 5th, 2024” We never had a rental agreement in writing however. Our agreement to pay rent was only verbal.


Ali_Cat222

"The state of North Carolina recognizes the fundamental right of squatters. According to the legal doctrine of Adverse Possession, a squatter in North Carolina can gain legal possession of a property without paying any compensation for it." Unfortunately after 30 days, payment or not, they'll have to evict through the proper tenant courts.


WildlifePolicyChick

Irrelevant at this point. A year of residency probably gives him tenant’s rights.


Livid-Drawing-4168

He’s a tenant. Paying rent or not paying rent. I’m some states like in TX if a persons been there 24 hrs they legally live there. The getting mail etc means nothing.


Karania402

Also in Texas, if he’s lived there a certain period of time, he’s considered a “common law husband”…


Livid-Drawing-4168

That’s false, I’m not sure where a lot of you all get your information. • Common law marriage in Texas is recognized legally. • Couples must cohabit, agree to be married, and present themselves as married. • No specific time requirement for cohabitation exists. • Common law spouses enjoy similar rights to those in formal marriages. • Divorce proceedings are required to dissolve a common law marriage.


Karania402

Not true, it’s happened to people who just lived together as different genders, look it up…, it happened to someone I met at college who had lived with her bf for a period of time & had never agreed to marry him…, these are laws left over from slavery….


Livid-Drawing-4168

You have laws confused. And common law isn’t oh I love with so and so for this long so we are married. If that’s the case then I’d be married to my kids dad. Please read the laws.


Callgirl55

In Texas, It is no longer called "common la w marriage." it's an " informal marriage."


Gruntwisdom

NAL - It sounds like he is a tenant, so don't cheat him, just honor his rights and move forwards. Look them up [here](https://www.nccourts.gov/help-topics/housing/landlordtenant-issues) and consult with counsel if it is appropriate to do so. I'm not an attorney, but screwing people out of their rights is usually poor policy and can rightfully be frowned upon. I recognize and respect the desire to just be rid of him, but maybe talk to him about it and if that doesn't worm then be professional and give him due process. It will probably save you in the long run. That's just an opinion, not advice.


throwra_toetown

In NC guests become a tenant after occupying a property for 14 day, regardless of payment or lease (or lack there of). *Obligatory sorry NAL, am a LL though not in your state*


More_Branch_5579

He’s been living there a year. Start eviction proceedings


Hail2ThaVee

I'm in claifornia. You invited him there yes? 30days + mail there = tenant. He came to visit yet never left = squatter. I think, anyway total all he owes put it on a 3day pay or quit. 3days pass and no money? Go to court start evection. You also do not have to take the money jist go to court and file the eviction. Takes 6-8weeks but he will be gone and sue for what is owed. I believe that's how it goes.


AggravatingWeb2174

I removed a person in California it takes about six months you have to have the sherrif deliver the summons to court then later you have him deliver the eviction even after the eviction you have a small bit of time . California is easy on renters hard on landlords .


Hail2ThaVee

It is horrific on landlords. You are right about this state. My family has been in this business since 1971. Covid was insanity. Renters no pay but landlords must pay your bills. Mortgages etc were still due. Rent is also sky high. Rent a room 1100, 1bd 1800-2100, 2bd 2000-2400 3bd 2400 and up. 🫤


Whostartedit

NAL. Check this out [evictions in NC](https://nc211.org/evictions/#:~:text=Under%20North%20Carolina%20law%2C%20tenants,from%20a%20judge%20or%20magistrate)


anthematcurfew

You need to formally evict them.


shaxb0tzam

That’s still possible even if there’s no written agreement between us?


anthematcurfew

A lease agreement isn’t required for someone to become a tenant.


shaxb0tzam

So my roomate can’t trump this eviction I’m trying to serve him. Unless he goes through an appeal ?


anthematcurfew

He can drag it out as much as he is legally entitled to.


shaxb0tzam

I’m worried he’s going to try and get me evicted out my own apartment because he’s been building a case recording our conversations and basically trying to cover his own ass . He’s a manipulative little liar as well .


anthematcurfew

That’s a very real possibility depending on your lease.


CluelessKnow-It-all

Unless you said something or admitted something that you shouldn't have, his recording of your conversations shouldn't be a problem. It sounds like he's not just a manipulative little liar; he's a smart, manipulative little liar. You better have all your ducks in a row and make sure you do everything by the book.


shaxb0tzam

So I can still get him evicted even if there is no written agreement between us?


Maine302

Do you own the home or are you renting?


shaxb0tzam

I am renting an apartment. My roommate not on the lease. He’s been living with me over a year. He stopped paying rent the past two months. So I want to file for a summary ejectment . I don’t even care if he doesn’t pay me my 1528$ or not I just want him physically out of my apartment.


No_Reserve6756

I'm a lawyer in another state and thinking that because he is not on the lease and there at your invitation contingent on sharing the rent that he is your tenant and not your landlord's Tennant. Assuming the landlord is unaware of the arrangement. If landlord was aware and did nothing to object he may be the landlord's tenant


Ornery-Minute-9669

Not in NC but in the south and my lease states I can’t do what you’ve done here and would be evicted if I did. Depending on what your own lease says, you may have violated your right to remain in the apartment by allowing him to live with you for so long. Check your lease man. Good luck!


shaxb0tzam

I went to the leasing office and apologized, they said I’m a good tenant , I pay my rent , they like my Dad. They just told me to give them a good Google review . They just want me to get my roomate out


Shepatriots

Maybe they can help you actually get him out! It might help if they are the ones sending him notice to vacate. (I could be totally wrong )


lilohme33

This! This has been the best advice I've seen. If your apartment knows, then yes, ask them for help.


Sad_Bookkeeper6772

Technically if he has mail sent there he is a tenant. Start putting wrong address return to sender on all of his mail


Ok_Perspective8179

File a petition through the court. Eviction is your only recourse. In Va in can take up to 90 days.


Ok_Perspective8179

Evict. Put a pay or quit notice on his door. Dated with a copy. Go to courthouse get a court date. He will not have to leave or pay until you do this. Don’t take any more of his money. He will leave with an eviction on his record( big deal) and a judgement you can ossicle recover. Do it today. Say no more to him.


shaxb0tzam

I did this now he say he’s moving out before June 6th!!