Legal Question in Real Estate Law in North Carolina

Father and daughter own real estate as joint tenants. Father leases to son a trailer on the property. If father dies prior to expiration of lease, will lease still be valid until term ends?


Asked on 7/26/10, 8:22 am

1 Answer from Attorneys

What does the lease say? And how could father do this without daughter's consent?

You say father and daughter are joint tenants. I assume that they each own 50%. However, are they joint tenants with or without right of survivorship? It will depend.

If they are merely tenants in common (without survivorship) then father's land share will pass as per father's will if he has one. That may provide a clue - for example, father could leave his share of the land to son on which the mobile home sits. If there is survivorship, then daughter now owns the land directly and she can make son leave.

However, there might be other things which have a bearing on this such as, what does the lease say, did daughter acquiesce in the lease or what does the will say.

Since this is a mobile home, daughter may have to give 60 days for the son to leave if and when that happens.

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Answered on 7/30/10, 3:58 pm


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