If someone is staying in your home but not on the lease, is there a law that states they have to be given 30 days to move out?

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If someone is staying in your home but not on the lease, is there a law that states they have to be given 30 days to move out?

This is a friend in need that I am helping but they’ve extended their welcome.

Asked on April 11, 2012 under Real Estate Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If someone is not on your lease and this person has not been paying rent or recognized by the landlord as a tenant, then chances are this person is merely a houseguest who has no right to the interest in the tenancy and therefore you do not need eviction or notice requirements for this person to leave. Merely tell this person he or she must be out immediately or arrange a date when this person must be out and ensure you change the locks or get the key if this person leaves.


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