Roommates....Eviction Process

bowtieman55 said:
THAT is the potential problem. HOWEVER, if it were me, I'd contact the landlord, tell him/her that you've allowed a friend to stay for a while (OBVIOUSLY) rent free, and that you want the squatter gone, now that he has overstayed his welcome. Get the landlord on your side, ask for their opinion, ask if it's ok to change out the locks, etc. I don't wanna sound like a pussy, but nowadays if you kick someone out, there might be problems that follow. All of this is just my .02. Good luck with it Justin. :beer:
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not to contradict everything even though that's how I am.
The main landlord(owner) has no authority to ask this "friend" to leave. That is up to the tenant since it is his problem. As far as the owner knows is the first tenant is 100 percent responsible for the rent period. no questions asked.

This could be interesting to see this played out. I'd like to be the Magistrate on this case.

I did just notice he is in SC so you can probably scratch anything and everything I've typed. They are probably completely backward down there.
 
lockedup5 said:
The main landlord(owner) has no authority to ask this "friend" to leave.
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I never said that. I guess you missed my point. I was simply advising to contact the landlord and let him/her know the "situation" for reason of changing out the locks, etc. I agree it's Justin's "job" to handle the dismissal.
 
I love how there has been all this supposition and postulates and what-ifs, yet the OP hasn't even replied back yet to clarify what the real ownership situation is.
 
"...we split rent and power..."

"Im not really sure on the process but rent is due in a couple days...I need him to pay for the damages to a couple things on the property too and need to make sure I recoup the money!!"

I kinda took this wording as something a renter would say.
 
Here is the correct answer: call a lawyer
 
Ok I'll chime in to clarify. I moved in to this house a couple years back by myself. It is my buddy's parents property and I went and talked to them, we agreed on when payment was due, amount, and other things like who was responsible for what. We sealed the deal with a handshake, NO FORMAL CONTRACT WAS WRITTEN. Eventually i decided to get a roommate who turned out to be Justin. A year or so later I had an opportunity to buy my own place so I moved out. Justin got another roommate, who is the douche he's complaining about. I guess things got sour with them and this is where we're at now. Hope this clears up any confusion.
 
MichaelT said:
Ok I'll chime in to clarify. I moved in to this house a couple years back by myself. It is my buddy's parents property and I went and talked to them, we agreed on when payment was due, amount, and other things like who was responsible for what. We sealed the deal with a handshake, NO FORMAL CONTRACT WAS WRITTEN. Eventually i decided to get a roommate who turned out to be Justin. A year or so later I had an opportunity to buy my own place so I moved out. Justin got another roommate, who is the douche he's complaining about. I guess things got sour with them and this is where we're at now. Hope this clears up any confusion.
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So the short is, this is all your fault.

Ass.


:lol:

First thing talk to the guy, tell him you want to go back living by yourself. See what he says, he might agree and be ready to move along. If he won't, then you're going to be looking at a lawyer one way or another.
Good luck.
 
Sorta in the same situation myself, except the two deadbeats have already moved out.

Difference is, they are actually on the lease and aren't paying their rent. They too left a fair amount of stuff here.

My plan is to sell their stuff, and turn whatever I get from it over to the landlord or use it to pay what will most likely be an astronomical power bill. At least I know they wont be coming back at any point (they hightailed it back to New York)

Id suggest just changing the locks till he pays up. My other two room mates also moved out due to "winter weather" and are holed up in the hotel he works at. If he refuses to pay power and cable, I'll be changing the locks till he pays up.
 
BigClay said:
How so? If none of the bills are in his name, there is no lease with his name on it, how can he prove he actually ever lived there? I don't think he can, so I would throw his crap on the street change the locks and be done with it.
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If that tennant receives mail there, then thats his place of residence regardless if there is no paperwork.
 
OK, I have alot of experience in this and I know the law.

Regardless of if there is a rent agreement/contract. If an individual claims that he lives at your house and can prove it (E.I. gets mail there, has clothes, has property) he is considered a legal resident at that house in the eye of NC Laws. Therefore, he has to be property evicted. Go to the Sheriff's Office file out the proper paperwork and have it processed which can take up to 15 days. Then the sheriff will serve him with the eviction paperwork and he has 30 days to move out.

Probably not what you wanted to hear but me being a LEO, I have to explain this process once a night it seems.

Even if your roommate needed a place to stay for a few days but those few days turned into a few weeks and hes not paying rent, doesn't matter, that person has turned into a resident of that house and has to be evicted. Therefore, if you change the locks and your roommate breaks into the house, not a crime because it isn't illegal to break into a house your are a resident of.
 
^ Agreed with everything you said. I'd worry about the eviction process becoming convoluted since he isn't the homeowner though. Can one tenant really evict another tenant like that? If so, what's to stop the other housemate from evicting him? Will they need to get the homeowner to do the eviction process?

For starters, I'd collect this month's rent. As soon as he gives it to you I'd hand him a written letter telling him he has one month to leave. No need to make a bunch of work for yourself if he'll leave voluntarily. You should know in a couple weeks whether he is going to leave voluntarily. If he isn't then you start the eviction process.

You probably won't see any more money for damages etc. after you tell him to leave. Might as well prepare to take care of that one yourself unless it's big enough to file a lawsuit.

Lots of good info here including specifics on the eviction process:
http://www.abanet.org/legalservices/lamp/cle/1105_Rowe_LandlordHandout.pdf
 
All great points here. Cept I read I can't change the locks and throw him out, its illegal here in NC. I don't have a signed lease and have been here over two years and am tight with the landlords. I don't wanna get them involved cause he is not their tenant. Changing the locks doesn't matter he doesn't have a key! He keeps losing it... Ive told em he is costing me more to keep him there than it is to be by myself and struggle. He and argument insued,he tried to push me around and I called the cops. This was over the rent and he paid me the next day but he is still here! Asking him to pay more for the power since he is home all day and night using it was another argument. We just got internet and its in his name so I decided since he didn't want to resolve the power he can just pay that whole bill. This guy is a 6 foot 270lb black guy and I'm only a buck fifty so fighting will only be bad cause I will use a weapon to protect myself. I've tried to keep the peace but ithink he beleives he can intimidate me which ain't gonna happen. What I'm thinkin is rent is due in the next couple days, imma let em pay and then tell I'm this is his last month and have him serve the eviction papers. I'm sure he will put up a fight so what step would I take from there? I'm worried about my stuff since I'm off at work and he is here all day....
 
put up a security camera and record the place when you are away. if he fawks up your stuff, its on tape. if he bust ya up, its on tape.

maybe a restraining order will force him out faster than evection especially since you've already called the cops before
 
Yea I'm fresh outta security cameras... I've covered my ass. Recorded conversations of when I was wanting rent since he was late payin it. Taken video of the damages and saved receipts on grocery items he has consumed and used up. This house needs TLC. It doesn't have a garbage disposal,garbage pickup, dish washer or washer and dryer so it takes a little more effort. Its an old river cabin and I hoestly think he is too big for the place. I've noticed floorboards giving in!
 
ReedyMsc08 said:
OK, I have alot of experience in this and I know the law.
Regardless of if there is a rent agreement/contract. If an individual claims that he lives at your house and can prove it (E.I. gets mail there, has clothes, has property) he is considered a legal resident at that house in the eye of NC Laws. Therefore, he has to be property evicted. Go to the Sheriff's Office file out the proper paperwork and have it processed which can take up to 15 days. Then the sheriff will serve him with the eviction paperwork and he has 30 days to move out.
Probably not what you wanted to hear but me being a LEO, I have to explain this process once a night it seems.
Even if your roommate needed a place to stay for a few days but those few days turned into a few weeks and hes not paying rent, doesn't matter, that person has turned into a resident of that house and has to be evicted. Therefore, if you change the locks and your roommate breaks into the house, not a crime because it isn't illegal to break into a house your are a resident of.
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justinh4569 said:
Im pretty sure by law you have to give him 30 days and he has to be served eviction papers from the law before the 30 days start.
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Wrong and Wrong.
This is the way it happens in Burke County and should be the same in all NC counties since it's state law. But this guy lives in SC so I really don't know.
You must give a ten day written notice of eviction. At the end of the ten days you file a summary eviction w/ the clerk of court which is $72 here and they usually set a court date for the next week. Then the clerk or you deliver it to the sheriff and give them $15(here) to summons the defendant. Then you go to court and if you win the judge gives them ten more days to move. If they don't move then you have to file another paper w/ the sheriff(can't remember the name of it. Writ of Posession I think)and give them $35 more. This is where it gets grey w/ me cause I haven't had to go this far. Anyhow the sheriff gives them a couple more days and sets up a time w/ you to change the locks and the defendant has only one opportunity to remove their stuff.
 
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