I'm not sure on the specifics in North Carolina but as long as you give them proper notice you shouldn't run into any issues. I'm not a lawyer and this isn't legal advice but because it is mtm you are just choosing to not renew the lease. It is not technically an eviction. If they continue to try and live there they will be doing so without a lease and will squatting illegaly.
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
5y
@Cliff T. Deliver all the appropriate legal notices of non-renewal as specified by law. So 30 or 60 days depending on your state to terminate a tenancy. Then if they don't leave you evict them as a holdover tenant. Some people say pay them to leave. Some say if they have a security deposit and you know they will be difficult promise a full refund as soon as they move out and turn over the keys. (change your locks too).
You will have to file paperwork to start the eviction process if they choose to stay after the notice...I doubt they will stay as they have no ground to stand on. If they do stay though they will be brought to court and will most likely have to pay whatever damages they've caused by staying.
Doing some quick research it looks like for North Carolina the notice needs to be given only 7 days before.
Realtor · Raleigh-Durham, NC · Member since 2018 · 324 posts · 218 votes
5y
@Cliff T. I just moved to North Carolina From Boston and the landlord laws sound much more in favour of the landlord here. When I was looking to purchase my agent just said you have to give notice and if they don't leave the sheriff can come by since they will be trespassing after the legal alloted time has been passed after notice. I'm not a lawyer nor is he, but it sounds pretty easy to remove a renter in this state.
Investor · Raleigh, NC · Member since 2015 · 189 posts · 102 votes
5y
If you give them proper notice to end their MTM lease, and they're not out by the date you defined, you can go to the courthouse and file an eviction for "tenant holdover". There are apparently no current moratoriums on any type of evictions (I spoke with a lawyer last week about this).
Is this guy someone who used to be your friend or someone you knew before they moved in?
If someone was living in my personal house and not paying/stealing/staying past their lease, I'd simply grab their stuff and toss it in boxes and put it on the porch when they're not home and then change the locks... In fact I have done that before.
Realtor · Rock Hill, SC · Member since 2017 · 41 posts · 19 votes
5y
@Keith N. I believe I will be filing for eviction for "tenant holdover" on the first of next month. However, I was really hoping what I had read all these years about it being easy to evict someone who is MTM in your primary would be true...
The tenant is not a friend, just someone who is mentally ill and did not disclose that on their application. I've only had two problem tenants over the past 6 years and both suffered from mental illness without being upfront about it.
It's as sad as it is frustrating. Tenant is also very litigious, so I want to be extra careful to do everything by the book. At the same time, I shouldn't need to pay an attorney $1k+ to evict someone on a MTM lease in my own primary residence, lol.
I also don't want to resort to putting their belongings out on the porch because there is SO MUCH STUFF... It would take many hours and the HOA would NOT be happy about the eyesore. Fines would certainly ensue.
Investor · Raleigh, NC · Member since 2015 · 189 posts · 102 votes
5y
@Cliff T. Sounds exactly like my roommate from years ago who I kicked out. He was an old friend though... who turned out to have mental health issues.
An attorney might charge you $600 - $1000 to evict someone, but it's certainly something you can do yourself. I've only had to evict a tenant one time (not a person in my primary residence though). It talked to a lawyer for an hour to get guidance (paid $150 for their hourly rate), and then did the eviction process myself.
This guy is living in your personal house though which makes it a tough situation. Maybe try negotiating (Give them $500 to leave). The main goal is to get this person out of your house ASAP, even if it costs you money.
Realtor · Rock Hill, SC · Member since 2017 · 41 posts · 19 votes
5y
@Keith N. Luckily for me the tenant hasn't even been at the property in over a week. Their rent is up at the end of the month, but all of their life's belongings are in the house.
It doesn't seem like they are making any attempt to get their belongings... I will likely have to evict, then spend a lot of time getting rid of all the stuff in the rooms.
They are essentially using my house as free storage as of October 1st... And I already have another tenant ready to move in, so long as they can get in by the 10th. Biting my nails...