Eviction Rights For Homeowners

Summary

Homeowners in North Carolina can evict guests not on the deed or mortgage by issuing a 30-day notice. If the guest refuses to leave, legal action such as filing for ejectment may be necessary. Ensure the notice includes all required details, and consider consulting with a legal professional for guidance.

Full Conversation

if my name is on the deed and mortgage to the house can i make a vacate notice to somone and use the reason as them not on the deed or mortgage
Hi Daniel! In North Carolina, as the owner on the deed, you generally have the right to evict someone not on the deed or mortgage. However, the reason for eviction may vary depending on whether the person is a tenant or a guest.
- If they are a tenant, you must follow the formal eviction process.
- If they are a guest, you may give a notice to vacate.
Is the person a tenant or a guest?
guest
Hi Daniel! Since the person is a guest, you can give them a notice to vacate. Make sure to give them a reasonable amount of time to leave, typically 30 days. If they refuse to leave, you may need to file for an ejectment action in court. Is there anything else I can assist you with?
can the reason being that their name is not on the deed or mortgage
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As the homeowner, you can specify that the reason for the notice is because their name is not on the deed or mortgage. Just ensure you give them a reasonable amount of time to vacate, typically 30 days.
Is there anything else I can assist you with?
what are the other reasons i could use
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Hi Daniel! Here are some other reasons you could use for a notice to vacate:
- Violation of house rules
- Creating a nuisance or disturbance
- Overstaying their welcome beyond agreed-upon duration
Do you need any further assistance?
can i get them for trasspassing
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Hi Daniel! If someone is a guest and you have given them a notice to vacate, yet they refuse to leave after the specified period, you could potentially consider them trespassing. You would then need to file for an ejectment action in court to legally remove them.
can i put in the notice also that if they do not leave i will file legal action such as tresspassing
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Hi Daniel! Yes, you can include in the notice that if they do not leave within the specified time, you will file legal action for trespassing. Make sure the notice is clear and provides a reasonable time for them to vacate, usually 30 days.
Is there anything else I can assist you with?
how long of a notice for vacate can i use if they do not own the home and they failed to make the mortgage payments and its in foreclosure
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Hi Daniel! Since the person is not on the deed or mortgage and the home is in foreclosure, you can still give them a notice to vacate. Typically, a *-day notice is reasonable. Since the home is in foreclosure, you might need to act quickly.
Is there anything specific you need help with regarding the foreclosure process or the notice?
what to put on the vacate notice so its legal and no issues
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Hi Daniel! Here's what you should include on a vacate notice to ensure it's legal and clear:
- Your name and address
- Date of the notice
- Name of the guest
- Address of the property
- Reason for the notice (e.g., "Not on deed or mortgage")
- Specify the time frame to vacate (e.g., 30 days)
- Statement about potential legal action if they fail to vacate
- Your signature
Would you like to know more about the foreclosure process or any other legal matter?
if my name is on the deed and mortgage to the house will the be any legal issues if i try to have my late husbands brothers evicted since they are not on the deed or mortgage
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Hi Daniel! Since your name is on the deed and mortgage, you generally have the right to evict your late husband's brothers if they are not on the deed or mortgage. Just ensure you follow proper legal procedures for eviction. Would you need more information on the eviction process?
yes
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In North Carolina, you generally have the right to evict your late husband's brothers if they're not on the deed or mortgage. Here's a brief outline of the eviction process:
- Provide a written notice to vacate, typically giving 30 days.
- If they do not leave, you may need to file for an ejectment action in court.
Would you need more detailed assistance on the eviction process or anything else?
process
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Hi Daniel! Here’s a detailed outline of the eviction process in North Carolina:
*. Provide Written Notice:
- Include your name, address, date, guest's name, property address, reason, timeframe (e.g., 30 days), potential legal action statement, and your signature.
*. Wait for the Notice Period:
- Give them the specified time to vacate.
*. File for Ejectment:
- If they don't leave, file an ejectment action in court.
Would you like further details on any specific step?
ejectment action
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Hi Daniel! Here's a brief outline of the ejectment action process:
- File a Complaint: Submit a complaint for ejectment at your local courthouse.
- Serve the Defendant: Ensure the person is served with the complaint and summons.
- Court Hearing: Attend the court hearing where a judge will decide on the case.
Would you like more information on any specific step?
court hearing
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Hi Daniel! For the court hearing, here's what you need to know:
- Preparation: Gather all necessary documents (e.g., deed, mortgage, notice to vacate).
- Representation: Consider legal representation for better advocacy.
- Evidence: Present your case clearly, with evidence supporting your claim.

Would you need more detailed information on any of these steps?
evidence
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Hi Daniel! Here are some tips on presenting evidence during the court hearing for an ejectment action:
- Documents: Bring copies of the deed, mortgage, notice to vacate, and any communication with the occupants.
- Witnesses: If possible, have witnesses who can support your claim.
- Photographs/Videos: Any visual evidence showing the property and its current state.
Would you need any further assistance on this matter?
if the mortgage and deed is in my name will there be any issues and being denied mine
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If the mortgage and deed are in your name, you should not face significant issues with the court recognizing your ownership. However, make sure you have all your documents in order and follow the proper legal procedures for eviction.
Would you like more details on any specific part of the process?
if my name is on the deed to the house but my late husband that passed away had done a refinance on the house but the loan was only in his name will the mortgage company let me be the successor of the account with no problems
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Hi Daniel! Generally, mortgage companies may allow you to assume the loan under certain conditions. You might need to provide proof of your husband's death and your ownership of the house.
- Contact the mortgage company to explain your situation.
- Provide necessary documentation.
- Request to assume the mortgage or refinance.
Would you need more assistance with the process?
if they only ask for the deed to the house and the marriage license will it get approved
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Hi Daniel! It would depend on the mortgage company's policies. Generally, providing the deed and marriage license could help, but they might also require additional documents. Contact the mortgage company directly to ensure you have all necessary paperwork. Do you need help with anything else?
thats all they asked for
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Hi Daniel! It looks like you've got a good handle on the process. Since everything is in your name, you should be able to proceed without major issues. If you need help with anything else, feel free to ask!