Legal Question in Real Estate Law in North Carolina

my grandmother gave me a house, which is now legally mine now. she was and still is renting this house out and collecting rent still from this tenant. i know this is not legal and what actions do i need to take to get this tenant out and let him know i'm the new owner and want to move in my house! I'm homeless right now! and im unsure if the tenant and my grandmother even has a rental contract?? I'm lost please help!


Asked on 2/21/13, 9:50 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

You need to see if there is a lease. If there is, then the lease still controls...you getting the home does not kill it. To get the tenant out, you will need to provide notice for them to leave as indicated on the lease. If there is no lease, you have to again give notice based on how often they pay rent. Now, since you are the owner of the home, you can demand that rent be paid to you until they leave. You cannot, however, change the locks or physically remove them.

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Answered on 2/21/13, 11:34 am


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