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For those of you who are relocating, I pray you never need to know this info, but just in case.
IF you allow someone to stay ONE night in your home, and then you ask that person to leave. That person has the right to reside in your home, until you legally evict them. If that person leaves and leaves their belongings there - they are still considered a resident of your home. IF you want to evict them - you HAVE to know where they are so they can serve them with the eviction notice. IF you find out where they are and it's in a different county - you're screwed, because they won't serve outside of the county you reside in... You cannot LEGALLY dispose of their items until you've LEGALLY evicted them.
I don't know if this makes sense - but basically IF you let anyone spend the night at your house, and they refuse to leave, you HAVE to legally evict them. UNBELIEVABLE!
I think it is crazy - in order to dispose on someone's belongings - you have to evict them, even though they don't live with you any more. But you can't evict them because they live in a different county than where you reside, and the Magistrates office won't serve outside of their county. So unless they live in your county - you're screwed. You can't evict them, you can't legally dispose of their items, and IF you do they can sue you for the value of those items.
You have to go to the county that they live in to do the eviction...
OTC - wrong, Charleston County told us the paperwork has to be filed in the county in which we reside, Dorchester County, because that is the residence in which he is being evicted from.
OTC - wrong, Charleston County told us the paperwork has to be filed in the county in which we reside, Dorchester County, because that is the residence in which he is being evicted from.
that doesn't go with what you said previously...
if they don't serve outside of the county where the residence is, then
why would they have you file for the eviction in a county in which they
will do nothing with the papers drawn up?
that doesn't go with what you said previously...
if they don't serve outside of the county where the residence is, then
why would they have you file for the eviction in a county in which they
will do nothing with the papers drawn up?
What the OP is saying is-the bum who is sqatting in his home, is legally from another county so the OP's county isnt doing anything. The county that the squatter is in won't do anything either because of that fact.
OP- maybe you should speak to some one else- I think Oletomcat is correct. Try back again and maybe you can get someone else who can give more information. I refuse to believe that you will be between 2 counties who won't do anything.
The fact that North Carolina has this law doesn't make it any bettr, it still sounds stupid (there I said it!). The fact that this can happen after ONE NIGHT is nuts.
On the other hand, I'm sure there is more to this story sir!
Are you trying to kick out your pregnant wife or something ?!! (jk)
Last edited by carolinagirl1; 08-17-2010 at 10:05 PM..
Reason: spelling
No one said that because had the law on the books it was any better. The point was that it is a common law. It is designed to protect tenants from being evicted for whatever reason or no reason at all. And like it or not there is in fact a place for this type of law.
With that said, something isn't adding up, as you said there is more to this story. The OP said that in order to evict someone you must know where they are. Well if you want to evict someone from your home, then you should know where they are otherwise you wouldn't want to evict them. If they aren't in your home, then pack up their things and send them to their address they gave you, ie: drivers license. IF they are residing in the home currently then you simply go to the magistrate and start the eviction process, it isn't rocket science.
OMG That is crazy!!!Thanks for the post,I am moving in a year or so down their from Ohio and I am so glad I know that.No one is ever staying with me!! lol Good Luck
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). The fact that this can happen after ONE NIGHT is nuts.
