How To... in Charlotte>Question Details

Lawlink45, Other/Just Looking in Charlotte, NC

how can I evict occupants from a verbal agreement?

Asked by Lawlink45, Charlotte, NC Sun Jan 18, 2009

2 family members stayed in my home for a verbal discussion of 6 months. It has been over 18 months, and this past September it was agreed they would vacate Jan 15 2009. This time has come and past with change. Now I need them to move on. How much written do I need to provide? Can I follow the legal eviction system from here?

Help the community by answering this question:

Answers

7
Dana is incorrect. You are in a verbal agreement, and cannot just force them out, you will need to go thru the eviction process. A verbal agreement is valid for any lease under one year, and that you are basically in a month to month lease, and will need to give them written notice of termination of the lease.

You cannot do what is called "self help evictions" where you do things like change the locks, turn off power, or otherwise impede the residents access to the property, even if they stopped paying rent. You must get a court ordered evicting them.

You need to hire a lawyer familiar with evictions. I've found that apartment complex managers usually know a few good ones that they've used in the past. I'd recommend stopping by a apartment complex and talking to the leasing manager and asking who they recommend.

As a disclaimer, I am not a lawyer, and this is not legal advice, you should always consult an attorney regarding legal issues :)
Web Reference: http://www.tri4sale.com
1 vote Thank Flag Link Sun Jan 18, 2009
I would defanitely suggest contacting a real estate attorney. I have several attorneys that I work with on a regular basis that could get you the answers you need and hopefully help with your situation quickly. If you would like their contact information, don't hestitate to contact me.
1 vote Thank Flag Link Sun Jan 18, 2009
how to evict person from home for non-payment of rent. only had a verbal agreement for one month, but ended up staying for over a year
0 votes Thank Flag Link Mon Sep 12, 2016
my girlfriend is living with me and i want her to move out. She refuses to move out. She has been living with me for the last 6 months and there is no lease or other agreement. she hasnt been required to pay any rent, so how do I get her officially removed from my home? What is the earlest that I can get her removed or enforced to move out? I need help quickly. Please advise the legal steps to accomplish this action.
0 votes Thank Flag Link Sat Aug 4, 2012
stop bathing, let the dishes pile up, and this works 100% of the time.. leave the lid up and forget to flush. She'll get the message.
Flag Fri Aug 24, 2012
I was in a very similar situation to you earlier this year. I would agree with Daniel below. Find a good property manager and have them file the eviction papers for you. You will have to sign a management contract with them. But most busy property managers have a system and will be able to do all paper work and go to court to process the eviction for you. Most will charge you a fee - that is so small compared to learning the in's and out's... it's worth it. I paid $125 or something. Plus I paid for their "guy" to meet the Sheriff for the eviction.

We are still trying to get the home cleaned and repaired for a new tenant.
Be careful. My tenant took down the light fixtures, and punched holes in the walls, broke windows.. etc., then called Code Enforcement. You may find that they leave your property totally trashed and most likely they will not move out without a fight. Property managers are experienced with these situations.
Good luck.
0 votes Thank Flag Link Tue Jan 20, 2009
Tenant laws vary from state to state. In Louisiana,a lease is not binding unless in writing. Even when a property is sold,a written lease does not carry over unless recorded in the parish(ie county).courthouse and nobody ever bothers to do this. Best to check your local laws--here you would only have to call the sheriff to remove them.
0 votes Thank Flag Link Sun Jan 18, 2009
If you do not have a signed lease,you can evict them at any time. A verbal agreement is not a binding contract. It's your house & they have no legal standing here.
0 votes Thank Flag Link Sun Jan 18, 2009
Is it this way everywhere? I'm in the same situation.
Flag Tue Feb 17, 2015
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer