Legal Question in Real Estate Law in North Carolina
This is kind of an odd situation, so I'm really not sure how to apply NC trespassing law.
My brother lives with my grandmother, and he has a lease agreement with her. However, he does not pay rent, and he is in violation of his lease terms, although she hasn't made any move to evict him.
I no longer live with her, although I did for quite some time. Her house is technically my permanent address; it is the address on my driver's license, the address associated with my bank account, and I still receive mail there. However, I don't have any kind of legal agreement with my grandmother that I live there.
My grandmother recently asked my boyfriend and I to house sit for her. Both she and my brother were at a family reunion. While I was there, I noticed some things missing from my room. My brother has stolen from me many times before, so I went into his room looking for my things, found them, and removed them.
Later on after my brother had returned to the house, he found out that I'd gone through his room and got upset. He denied taking my things. My boyfriend said something on the order of, "you know you took them", my brother got even more upset and assaulted my boyfriend. My boyfriend is pressing charges against him, and there is a warrant out for his arrest.
My grandmother suggested that my brother might retaliate by charging me with trespassing, since he has a lease on his bedroom and bathroom, and I went in without his permission.
I just want to know if there's any way he could bring charges against me, given that I had her (the property owner's) permission to be in the house, given that neither of them told me not to go in his room, it was not locked, etc. I feel like any charges he brought would be a stretch, and I'd like to believe that this is too frivolous to be taken seriously by a judge or a magistrate, but I want to be sure. Any help or information would be greatly appreciated.
1 Answer from Attorneys
He could always try to take out tresspassing charges but I agree with you, it is very unlikely that these charges would be taken seriously...it is very likely that the magistrate will decline to issue a warrant. He coudl go tot he magistrate and tell a different story than you told.
Having your boyfriend as a witness and your story that you had no idea there was a lease and that you did not know you didn't have permission to enter certain parts of the house, coupled with your finding your stolen property in the room will make any District Attorney decline to prosecute.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
