Friend over stayed welcome - Landlord Forum thread 335286

Friend over stayed welcome by Griffinp (Nc) on May 20, 2015 @20:08

Welcomed a friend to stay over until he gets on his feet. No contract, only deal was to buy groceries. I own my house and this friend does not pay rent. Now he gets drunk every night and passes out. I want him out and he wont get out. He keeps on saying he knows his rights.

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Re: Friend over stayed welcome by JTM_LL (FL) on May 21, 2015 @00:47	[ Reply ]

Ok. Ask him what are his rights. See what he says and then posts what he says here and we'll tell you whether he does or doesn't know his rights.

Re: Friend over stayed welcome by Robert on May 21, 2015 @09:48	[ Reply ]

you could give him a date to be on his feet, and after that change the locks

Re: Friend over stayed welcome by Anonymous on May 21, 2015 @13:03	[ Reply ]

You have an oral lease agreement. His rent was to buy groceries, so he is your tenant. You must serve proper written notice IAW your state's laws that the lease will not be renewed and he must vacate the premises. If you does not vacate then you evict for holdover.

Re: Friend over stayed welcome by VinFL (FL) on May 21, 2015 @14:04	[ Reply ]

It appears that your friend is no longer your friend if he is going to come back with a justification like that. Most likely, the law would look upon your agreement as a month-to-month lease. You could give him a notice of non-renewal for the end of the current month, but if he does not move, your next choice is to do an eviction. However, if he does not move out, the only thing you can sue for is to get him out (ie no damages other than physical damage you can prove). Instead, you might consider giving him a written renewal notice that at the his current lease is ending at the end of the month and his new lease will begin on the first. In this new lease, state a rent amount ($750.00) plus half of the utilities, a security deposit of ($750.00), and don't forget the late fee ($25.00). Then, if he does not leave, he is a hold over and when you evict him you can also sue for the unpaid rent for the first month of the new lease. Yes, it is a ploy to strengthen your stance; Now, if you go to court, a judge may or may not award you money for rent, but since it will be obvious to any judge that your 'friend' is taking advantage of your charity, you never know. Of course, your best next step may really be to speak to a lawyer so that you do it properly the first time. Nothing is worse that going through an eviction only to find that something was done incorrectly (and then you have to do it again).

Re: Friend over stayed welcome by MrDan (Georgia) on May 21, 2015 @15:03	[ Reply ]

The following NC Police Law Bulletin list the various ways to remove unwanted guest in North Carolina. It explains the difference between guest and tenant and how to remove each. http://charmeck.org/city/charlotte/CMPD/organization/PoliceChief/PoliceAttorney/Documents/00NovPBL.pdf

Re: Friend over stayed welcome