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  1. #1
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    Default What Happens if a Tenant's Name is Not on an Eviction

    My question involves landlord-tenant law in the State of: NC. My BF was evicted from our home under a oral lease with LL. We've lived here for 14+ months and we have both paid rent to her. He was given 10 days when he went to court to vacate. My name was not on the eviction or anything at ALL about any other occupants in the home needing to go. I'm assuming she wants us all out of the home but I have a 1 year old and a 2 year old and 10 days was not long enough to find somewhere else to go(I've been applying and the soonest thing I've been able to find won't be available for another month, but still searching). I understand I need to go, I am just wondering if it would be possible to stay here(since I wasn't on the eviction) and possibly get my own eviction to buy me time to find somewhere for me and my kids to go? My question is simply this, can I legally stay and have my own eviction process or can the law make me leave also?

  2. #2
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    Default Re: Name Not on Eviction

    Assuming that you actually have all the eviction documents in front of you while you wrote your post and, assuming that your BF's name is the only one on the papers then, no, you are not a party to the eviction and can stay until the LL gives you proper written notice that your tenancy is terminated.

    Please understand the difference between termination of tenancy notice and eviction.

    You wrote that your tenancy is based on an oral agreement, basically month to month.

    NC laws requires only a 7 day notice of termination of a month to month tenancy.

    https://www.ncleg.net/EnactedLegisla...2/GS_42-14.pdf

    Once you are given that notice, you have 7 days to leave. If you are still there when the time is up THEN you get evicted through the courts.

    It is a bad idea to have a court eviction on your record because it will make it difficult for you to find decent rentals in the future.

    Just so you know, you will still have to pay rent for the monthly rent period until you leave and somebody will have to pay your boyfriend's share of the rent once he is gone.

  3. #3
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    Default Re: What Happens if a Tenant's Name is Not on an Eviction

    It is not clear from your post whether you are in fact a tenant, or if you were an occupant of premises that were rented by your boyfriend. If you were a tenant, you should be named as a party to the eviction lawsuit. If you were not a tenant, the eviction of your boyfriend as the sole actual tenant would carry over to you as an occupant of his rental unit. Without knowing additional facts, we're not in a position to comment.

    If you're truly not sure whether the landlord intends to evict you, speak to the landlord. If you intend to move but need some additional time to find alternative housing, discuss the possibility with the landlord about your staying until (but no longer than) an agreed date and surrendering the unit on that date.

  4. #4
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    Default Re: What Happens if a Tenant's Name is Not on an Eviction

    Quote Quoting adjusterjack
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    Assuming that you actually have all the eviction documents in front of you while you wrote your post and, assuming that your BF's name is the only one on the papers then, no, you are not a party to the eviction and can stay until the LL gives you proper written notice that your tenancy is terminated.

    Please understand the difference between termination of tenancy notice and eviction.

    You wrote that your tenancy is based on an oral agreement, basically month to month.

    NC laws requires only a 7 day notice of termination of a month to month tenancy.

    https://www.ncleg.net/EnactedLegisla...2/GS_42-14.pdf

    Once you are given that notice, you have 7 days to leave. If you are still there when the time is up THEN you get evicted through the courts.

    It is a bad idea to have a court eviction on your record because it will make it difficult for you to find decent rentals in the future.

    Just so you know, you will still have to pay rent for the monthly rent period until you leave and somebody will have to pay your boyfriend's share of the rent once he is gone.

    Thank you! I understand the eviction not being good on my record but I have no other options with two very small children and no where to go until I can find an available place. I have begged her to allow me at least 2 more weeks to find somewhere to go with my kids and she refuses to renew the oral lease with me, she wants us out so her son and his wife can move in so she isn't willing to work with me on it at all. I've offered her the whole monthly rent amount up front for the 2 weeks and that wasn't an option with her. I haven't been given a notice and neither had my bf at first, he got the eviction and had court 3 days later. It's all oral agreements (the only way she will rent, no paperwork) so she just told the magistrate she gave him 7 days notice and that sufficed for the court.

    Quote Quoting Mr. Knowitall
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    It is not clear from your post whether you are in fact a tenant, or if you were an occupant of premises that were rented by your boyfriend. If you were a tenant, you should be named as a party to the eviction lawsuit. If you were not a tenant, the eviction of your boyfriend as the sole actual tenant would carry over to you as an occupant of his rental unit. Without knowing additional facts, we're not in a position to comment.

    If you're truly not sure whether the landlord intends to evict you, speak to the landlord. If you intend to move but need some additional time to find alternative housing, discuss the possibility with the landlord about your staying until (but no longer than) an agreed date and surrendering the unit on that date.
    I've researched as much info as I could find and from what I've read, as long as I was paying the Landlord rent directly from my own money I was considered a tenant. We were both there when we paid her to move in. She never said anything differently, she didn't want anything in writing or receipts for rent so she made it super hard on me to do anything legally as I have no proof so I'm grasping at straws at this point to keep a place for my kids to stay warm and dry. My BFs 10 days will be up tomorrow 5-3-18 and he has to go so I was trying to have some kind of answer before she came tomorrow to make sure we were out. As I said to the above response. I'm sure she intends to evict me(I'm assuming she thought we would just go when my bf was evicted and the fact she doesn't even know my name are the reasons why I wasn't listed on the eviction), I spoke with her yesterday when I still hadn't found any place to move yet. I've literally begged her to give me more time, even 2 more weeks(paying her up front for the month) and she said "she's sorry she can't help". "Her son and his children need a place to move as their rent was too high where they were" or some such. I am out of any other options except to hope that she has to do a separate eviction for me to buy a little more time to find somewhere.

  5. #5
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    Default Re: What Happens if a Tenant's Name is Not on an Eviction

    You had best be prepared to document your tenancy, or to get your claims before a court, before somebody arrives to physically execute the order of eviction. You cannot count on the person who shows up to haul your stuff out of the rental property to pay much heed to your claim that you were also a tenant and thus cannot be removed based upon the order that person is being paid to execute.

  6. #6
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    Default Re: What Happens if a Tenant's Name is Not on an Eviction

    Quote Quoting Nomad1990
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    I've researched as much info as I could find and from what I've read, as long as I was paying the Landlord rent directly from my own money I was considered a tenant. We were both there when we paid her to move in. She never said anything differently, she didn't want anything in writing or receipts for rent so she made it super hard on me to do anything legally as I have no proof
    No proof? Did you pay by cash without any documentation of payment?

    Quote Quoting Nomad1990
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    My BFs 10 days will be up tomorrow 5-3-18 and he has to go
    Go where? And why can't you just go with him to wherever he's going?

    Is he all packed and leaving tomorrow?

    Quote Quoting Nomad1990
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    As I said to the above response. I'm sure she intends to evict me(I'm assuming she thought we would just go when my bf was evicted and the fact she doesn't even know my name are the reasons why I wasn't listed on the eviction), I spoke with her yesterday when I still hadn't found any place to move yet. I've literally begged her to give me more time, even 2 more weeks(paying her up front for the month) and she said "she's sorry she can't help". "Her son and his children need a place to move as their rent was too high where they were" or some such. I am out of any other options except to hope that she has to do a separate eviction for me to buy a little more time to find somewhere.
    What's the problem with needing more time? I've had tenants move out over night with family, children, pets, and furniture. Many apartment buildings with vacancies can have you moved in the day you sign up.

    Bottom line: If BF goes tomorrow and you stay, nobody can predict what the LL will do. She might be able to get the police to put you out as a trespasser which won't give you any more time or she might have to file against you in court which will give you more time.

  7. #7
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    Default Re: What Happens if a Tenant's Name is Not on an Eviction

    I'm a tenant, I've worked and payed her rent directly many times over the 14 months. If I wasn't listed on the eviction then I can't be thrown out as a tresspasser I would think....I've contacted the court and clerk of courts office and confirmed that no one but my bf was listed on the eviction. And no, I didn't get proof of what I've paid. She refused to allow me a receipt so it can't be claimed on taxes because she chooses not to pay taxes on the money she gets from her rental properties as she's retiring and needs the income. My BF will be staying with a relative that has a very small home where there wouldn't be room for us all. He is ready to leave tomorrow, he knew about the eviction and is trying to go by what the judge ordered but it isn't possible for us all to leave right away due to personal reasons.

    I was never told to leave I was told we could stay she just didn't want him here because of an argument he had with her son who lives with her over some tools of ours he stole and then she calls 2 days ago and says she wants us all out bc her son is waiting to move into it. We can't just move into an apartment, we've applied to all with 35 miles of our jobs and the prices are more than we can pay or there aren't any vacant for another month like I said. I'm not just trying to stay here for the hell of it. If I could go I would, I came seeking "legal advice" and so far have been basically judge out of the room. You don't know my situation so why not just assume I'm telling the truth and haven't found anywhere to go instead of assuming I'm like your past tenants and could pack up over night and leave. Not everyone has family to run to and not everyone is financially stable enough to just flop their lives upside down overnight bc of a nutty old lady that decided she wanted her son in a house was already renting out to someone.

  8. #8
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    Default Re: What Happens if a Tenant's Name is Not on an Eviction

    I don't see anyone judging you. They may be judging your choices, because those are what cause you to be in the position you now find yourself.

    I don't doubt that you are telling the truth, it just doesn't do you much good. That you can't find a new place to live is not important to the owner of the place where you now live. She does not acknowledge you as a tenant. She does not care what happens to you.

    You say "I'm a tenant, I've worked and payed her rent directly many times over the 14 months." But you cannot prove that. And that may be the determining factor. If you aren't listed on the eviction (which would give you legal standing), and have no proof of payment, you will have to find another way to document your residence.

    I have no idea what will happen if she tries to have you removed as a trespasser. I _imagine_ LE will say it's civil, but there are many factors (including personalities) that may come into play. If you can't prove you have a right to be there, you may well be subject to removal.

    You will probably have some time (but this is NOT a legal opinion), but I would suggest that you be as prepared as possible to move quickly.

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