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Can my Landlord Evict me with no notice if it’s a verbal agreement  ?

Case Description

I have lost my job as I am able to pay rent. I pay rent every month on the 20th. I told my landlord on 2/16/20 and she told me I have to be out by 2/19/20. The agreement is verbal and nothing is written so technically can she just kick me out on the date or am I still am to get a 7 day notice. I live In the state of North Carolina if that helps any 

Update:

UNABLE*

11 Answers

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  • Anonymous
    3 months ago
    Favourite answer

    No.

    In the absence of a written rental agreement, state law applies.

    She isn't evicting you in three days.   She's telling you to pay in three days or leave in three days.   If you do neither of those things, THEN she will sue you for eviction.

    If you are legally evicted, it will cost you a lot of money including her attorney and court costs and you will find it hard to get another landlord to approve you in the future.  If you can't pay, consider leaving.

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  • 3 months ago

    You generally need one full month's written notice. If you don't have a fixed term lease, you're considered a month-to-month tenant.

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  • Anonymous
    3 months ago

    No is the short answer

     

    \https://www.spmtrianglerentals.com/nc-eviction-law...

     

    Tell them you'll see them in court.

    • Never
      Lv 7
      3 months agoReport

      She needs to find a way to make the landlord happy. Even if its repaying the excess rent in a few weeks.

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  • 3 months ago

    No. A notice to vacate must be in writing. "She says if I don’t leave by the 19th She will call the cops " That is also illegal and the cops will not do anything.  Once a proper & legal notice to vacate is served she would still have to file in court before she could have you removed from the property. 

    She is clueless & has no business being a landlord. 

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  • 3 months ago

    An eviction - on your record - would require court action, but you don't want that.  You won't be able to rent anywhere after that and you would end up owing court costs and more money - your debt, on your record - a public record.  What she has done is give you a chance to move out without the necessity of court action.  That is ALWAYS preferred because there won't be a court record showing that you were evicted and that you owe a debt.  Tell her that you will move out, without her having to evict you through the court, and if you need a few more days, ask.  If she won't give it, then put your belongings in storage and get out of there, paying all you owe.  Give her your forwarding address and hope that she can re-rent the place within your lease.  An informal eviction is your best option - best for you by far.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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    • ashley3 months agoReport

      I am asking her for a few more days but she will not let me. I’m not gonna let it get to a point of eviction I just a few more days 

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  • Pearl
    Lv 7
    3 months ago

    if you can pay the rent she shouldnt be kicking you out

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  • Maxi
    Lv 7
    3 months ago

    No, only a court can 'evict' and a landlord regardless of if you have a written contract or not is bound by the law

    The default rule in North Carolina is that a landlord must give a tenant a 10-day notice to quit and provide “demand for payment of rent” (sometimes also called a "notice to quit") before a landlord can commence eviction proceedings for nonpayment of rent..... and as you rent is not due until the 20th that would be 10 days from the day of non payment

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    • Never
      Lv 7
      3 months agoReport

      She can take it out of your deposit assuming you don't have a bunch of damage and owe more. Id send a letter with your proposal which I would say is to take the excess days out of your deposit and apologize.

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  • Anonymous
    3 months ago

    You have to be legally evicted by a court of law after your landlord files for an eviction which usually takes some time.

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  • Tom
    Lv 4
    3 months ago

    Yes. Then they give you time to move out, taking your stuff with you. Or else..... It's your own fault.

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  • Never
    Lv 7
    3 months ago

    Never heard of such a short notice but if you arent going to pay going forward, she wants you gone asap.  A legal eviction takes a month or so.  Your concern should be making her happy so she does not screw up your ability to rent in the future.  You can't expect to stay without paying. If you need another week, offer to pay for another week. Even if its a few weeks from now. An eviction on your record will make it nearly impossible to rent again for a very long time.  You don't want her to have to spend for a legal eviction. Try talking to her and working something out.

    A few more days should be fine, from her standpoint, you leaving sooner is better. The 19th is better than 2 months from now. But she might be ok with the 24th. She does not want to have to spend money to legally evict you. But she also does not want to be cheated which is what you will be doing if you don't agree to pay for your extra days.

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