Landlord Question and Answer Forum

Have a tenant who is married. However when he Leased home and signed NC lease package he was separated from wife and he and his son are the only persons listed as allowed to be living in the premises. Any changes to occupancy required written consent from us the Landlords (which they did not ask for or receive). Apparently worked some issues out with wife and had her move back in (again with no notice to or permission from landlord)...got into Domestic Violence dispute and now our Tentant was removed from the home due to a restraining order and the wife, who should not even be living in the home, was told by a judge she is the one who gets to stay. What rights do we have as the Landlord here? The wife has no job...cannot pay the rent...should not even be in the home. I don't condone the actions of the Tenant and obviously the Tenant and Wife cannot be together however...the legal lease is between us and the Tenant with nothing to do with the Wife. How does Judge just say she can live in our home? And what rights, if any, do we have to change that?

Here are a few scenarios: 1. You call the cops on her as a trespasser (not likely to hold up in court if she challenges you), 2. You serve her with an eviction notice the moment her rent becomes late, and evict her, or 3. You send her notice that the lease agreement has not been renewed, and she must vacate by X date.

Posted by Renee R, MD on Thursday, October 28, 2010