North Carolina  |  Landlord & Tenant Law

Legal Question

Asked on: 6/17/10, 4:13 am

my uncle owns the house his son was living there and let someone live there also. his son My cousin and he dies and the tennat want leave. I am taking care of this for my uncle as the house is in n.c. and my uncle lives in Md. we went to civil court and the judge gave the tennant 10 day to leave. he dindn't leave gave him 10 more days and then the police are to put him out but now he is going to appleal it. Can he do that with out having the money, like legal aid?

He has no right to be there because there is no tennent agreemant and my uncle wants him out.

What are my options?

The judge told him if he wasn't out in the last ten days she gave him he would have to pay legal fees.

Is he trying to and can he get squatters rights?

1 Answer


Answered on: 6/17/10, 9:43 am by Rachel Hunter

No, he cannot get squatters' rights. That would only occur after 20 years and I certainly hope that you will not allow this to drag on that long. You must bring an action to evict the person. If that has been done already, then the tenant had 10 days to appeal. If the tenant wants to stay, he can appeal but he has to post bond equal to the amount of the rent. If he does nothing in 10 days, you get a writ of possession and the sheriff forcibly removes the tenant and padlocks the property after 10 days..

Legal Aid will not restore this man's appeal rights. I do not know what the terms of his lease were or whether he was on a lease or tenancy by sufferance, but the landlord has an absolute right to evict where the lease period has expired or where the tenant fails to pay rent.


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