[NC] How can we evict a long-term guest who refuses to leave, and the homeowner is physically unable to go to court?

Lexi, Chatbot

I understand how frustrating it must be to have someone in your home who is not contributing and causing tension. Have you or your grandmother had any discussions with this person about her staying in the house?

Lexi, Chatbot

Is there a written agreement or any documentation regarding her living situation, such as a lease or verbal agreement?

Angelo M

Greetings! I hope this message finds you well. I'm thrilled to have the opportunity to assist you with your situation and provide you with the support you need. Thank you for your patience, and I look forward to working with you.

I understand your concern about your grandmother's ability to handle the courthouse matters. Could you let me know which state you are located in?

Angelo M

In a situation like this, the law generally looks at how long the person has been living there and whether they were ever given permission to stay. After two years of living there with your father’s consent, this person may now be considered a “tenant at will” or even a month-to-month tenant, depending on your state’s landlord-tenant laws — even if she has never paid rent. (NC Gen Stat § 42-4)

That’s important because it means you can’t simply make her leave without going through the proper legal steps. Usually, that begins with serving her a written notice to vacate, giving her a set amount of time (often 30 days, sometimes 60) to move out. If she refuses to go after that, the next step would be filing a formal eviction case (sometimes called “unlawful detainer”) in court.

Since your grandmother owns the house, she would be the proper person to issue the notice to vacate and later file for eviction, not you or your father. It’s critical to avoid self-help measures like changing locks or shutting off utilities, since those can get your grandmother into legal trouble.

If this woman has been there without paying anything, and the understanding was that she was staying temporarily, that strengthens your grandmother’s position. Still, the two years of occupancy could make her entitled to formal notice and due process before removal. (NC Gen Stat § 42-14)

My suggestion is to:

1. Have your grandmother deliver a written 30-day notice to vacate, dated and signed, making clear that her permission for the woman to live there is revoked. It should be personally handed to her or taped to her bedroom door and mailed as well, just to cover all bases.
2. If she doesn’t move out after the notice period, then your grandmother would need to file an eviction case at the local courthouse.

In North Carolina, the eviction process can be a bit complex, especially if your grandmother is unable to handle it herself. The person whose name is on the title or ownership record of the property is considered the proper “landlord” for eviction purposes, not necessarily the person listed on the mortgage. Being on the mortgage alone doesn’t automatically give you standing to appear in court on her behalf, but it does show you have a clear financial and legal connection to the property.

If your grandmother can still sign documents, that’s ideal. You can absolutely prepare all the paperwork for her:

• Draft the 30-day notice
• Fill out the summary ejectment complaint
• Handle all courthouse filings
• For the court appearance itself, most magistrates in North Carolina prefer the actual owner or landlord to be present. However, if your grandmother truly can’t appear due to medical limitations, the magistrate will often accept a notarized letter from her authorizing you to appear for her as her representative.

If the clerk or magistrate gives any pushback, you can explain that your grandmother is physically unable to attend due to health issues and that you’re managing the process with her consent. If needed, a local attorney could appear in her place. Many attorneys in Fayetteville handle these cases for a modest flat fee.

Angelo M

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?

Angelo M

That’s excellent information, and it actually helps your situation quite a bit.

Angelo M

Yes — you’ve got it almost perfectly right. That’s an excellent and well-organized understanding of the steps you’ll need to take.

To fine-tune it just a bit: prepare a clear written revocation of permission to reside, signed and dated by your grandmother, and give 30 days’ notice. Post one copy where the person lives and mail another copy, keeping records.

If she does not leave, you can file the summary ejectment paperwork at the courthouse with a notarized authorization from your grandmother. She will still need to sign the eviction documents as the property owner.

If the court requires the landlord to appear, you can request a continuance or retain a local attorney. Your plan is sound and should hold up legally.

Good night!

Angelo M

You’re very welcome, and I’m truly glad this helped ease your mind. These situations can be emotionally exhausting, especially when family dynamics are involved. Now that you understand the legal steps, you don’t have to feel stuck anymore. Stay calm, document everything, give proper notice, and let the process work through the proper channels.

Thank you for trusting me with your questions. It was my pleasure to assist you.