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If my name is not on our lease but I have been living with my boyfriend for 2 years can he just kick me out?
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If my name is not on our lease but I have been living with my boyfriend for 2 years can he just kick me out?

If my name is not on our apartment lease but I have been living there with my boyfriend for 2 years can he just kick me out overnight? All the furniture is mine and I can't get it out in one day. We live in the state of North Carolina







imnokitty
Rating
You meant to ask if your name is not on "HIS" lease (not 'our' lease) but you have been living with your boyfriend for 2 years, can he just kick you out? (1) The answer to that is a shaky NO.. . . . . . IF . . . . .a) you have not done anything violent to him which can be visibly . . . . . . proven such as putting bruises, cuts, etc. on his body; . . . . .b) you can prove you live there, via mail coming to his address for . . . . . . .you and post-marked date is readable; and . . . . .c) you have not made him to feel he is in any verbal or physical danger. The North Carolina law dictates that he is your landlord and you are his tenant. By law, he must follow through on the same laws of Landlord and Tenant of the State of North Carolina, that being a written thirty day notice. Now, keeping that bit of legal information under your hat, WHY would you want to stay or push your right to stay with a guy who does not want you around? YOU should not want that for yourself. Try to be civil, if you need time - you need time; however, it legally only encompasses 30 days. I am assuming he has not given you a written 30 day notice. If that is true then you should follow through on what is legally right by beating him to the punch and YOU write a 30 day notice based upon his verbal request. In it, pay recognition to the Law, his verbal request for you to leave the premises, your legal right to stay due to paying your portion of the rent until the end of the month, and also agreeing to pay what is owed by you up to your scheduled move date (yes, give him a departure date). Also indicate which furniture pieces and electronic devices (Playstation, Wii, etc.) will be moving with you. Making mention such things in your 30 day notice will give you some solace and curtail your need to obtain receipts for what you both know you personally paid for. Have it notarized and then give it to him. = = = = = = = = = = = = (2) There are also quite a few YES responses, such as IF: .....(a) you do anything violent to him which can be proven such as .....bruises, yelling all the time, arguments, cuts, etc., then the Sheriff .....will politely escort you out with only a few things to carry with you. .....(b) he is an educated man and has been asking you to leave for .....over a month, at which time you have not made any visible preparations .....for doing so, like packing, etc., he has the right to go to the court house .....and obtain a restraining order against you - which can consist of nothing .....more than he has asked you to leave, you have become bitter, yelling and .....arguing with him and refuses to move because of the lame excuse due to .....furniture and he cannot sleep due to fear that you will retaliate while he is .....sleeping. Then the Sheriff will politely escort you out with only a few things .....to carry with you. .....(c) you have no proof of residency. He can request you to leave AND keep .....your furniture if you do not have any proof of receipt. To do this, all he needs .....is to contact the neighborhood police department, tell them you refuse to leave .....his home. If this happens, you will then have to take HIM to court and prove .....you were a resident AND that you purchased the furniture. Though a verbal desire does not hold up in court, it does not mean that your ex-boyfriend does not have methods available to him to enforce his wanting you out and his lease can back him up. Your name is not on the lease, that is bad for you. If his lease states he cannot house another tenant, that is bad for you. He wants you to move out which can cause undue stress to him, which is bad for you. The list goes on and on. The Court system is not geared to reconcile such squabbles between non-married couples, so I would suggest writing up your 30 notice and make your move, right now. Also, decide to not get yourself into this position ever again. Better safe, than sorry.


Tough Kid
Rating
Since your name is Not in the lease,yes he can kick you out unless you have proof that you have paid for the rental as well.As for your furniture,do you have receipts or anything to proof that those furniture were yours?If you have,you can take them with you.But it doesn't mean if your furniture was there,you would get to stay there.Give up on trying to stay there if he wants to kick you out.Go rent your own place to stay.


jude
yes he can, but he will have to have you legally evicted, that takes time. you need to get your things out asap, because if your arguing with him he can call the cops or get a restraining order and then you won't be able to get in to get your things and would have to take him to court to get your stuff.


Michelle S
Rating
Not being on the lease means you don't technically have permission to live there. That being said, even if he does have the right to kick you out, he does not have the right to keep your stuff. If you have receipts or warranties for any of the furniture (and whatever else you own), make sure to keep them in your purse, just in case. If he would kick you out, simply call the police and ask for someone to come out and supervise you as you get your stuff. The receipts and warranties that I talked about will be very useful if he would claim that he owned the furniture. On a side note, if you're worried about him kicking you out, why are you still there? I would either suggest you get your name on the lease (if you're staying) or move out and get your own place, with your own lease. No matter how much you love the other person, you always have to look out for your own interests as well. Always have a back up plan in mind in case things go unexpectedly sour. edit- who is going around giving every answer a bad rating? Even the person who quoted North Carolina law got a thumbs down. Although one may not like the answer, you can't give it a bad rating for being correct.


CindyLu
Sorry dear but if his name is the only one on the lease and you are not married to him then the apartment is his and he can legally kick you out. You might need to be able to prove the furniture is yours or he might could claim at least half of it.


s4ndr4j4n4
Rating
Afraid he can. Do you know anyone who would drive a furniture van for you or if you can afford it hire one with a driver, make sure its big enough to load all of your furniture in one go, and do it when he is not at home if you. can. Good luck


Vickie
No, he can't. I work in real estate in NC. He can have you evicted but that requires legal measures. However, I wouldn't want to continue living somewhere that I wasn't wanted. In the end, you may find yourself in a dangerous situation. I would begin to look into other options.


Truth Sets You Free
Rating
not being on a lease agreement, means you can get evicted real fast..


Ashera
Rating
He should give you two weeks notice, but he's not obligated to. He can't keep your things though. If he tries to you can call the cops and they will go with you to pick them up. I think you should tell the apartment manager what is going on. He will probalby get in trouble for having a roommate without telling them and if they are nice they will help you get your things back. In the future ALWAYS put your name on the lease. Even in the best relationship you can't assume things will work out after you move in together.


jason
Rating
Yes.


TJTB
Well, NC is not a common law marriage state, so you have no marital rights, but you have roomate rights, so what's yours should be able to be removed by you. Call the police department and ask that a police officer accompany you to the apartment so that you can get what belongs to you. They will and no one can stop you from getting what's yours in a reasonably time to get it. Call them now and get their help. That's what they're there for. Now I say this assuming that you want a few days to pack and remove your things and not because you want to stay there. Because staying there is a bad idea, not even for ONE night. .


Jesere
it's possible, research the Laws of your state involving renting and cohabitation rules, in some states you are married by common law after living together for 6 months...


John
Rating
No but you need to get real a little. Do you really want to continue to live there? Pretty awkward relationship


Pinky C
Rating
Yes. That's why you never move in with a damn man.







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