If I mailed a new lease with an increase in rent andthe tenant paid the rent but won’t sign the rental agreement,can I still evict them?

Asked on September 19, 2012 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no written lease, the tenant is a month-to-month tenant on an oral lease. You may evict him or her on a month's notice in that case; however, once you provide notice, do not accept rent from the tenant, or else you would almost certainly be deemed to have waived your right to evict and would have to provide a month's notice all over again.

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