What to do if we just purchased property but the seller’s daughter lives there in a mobile home and we want her to leave?

UPDATED: Feb 5, 2011

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What to do if we just purchased property but the seller’s daughter lives there in a mobile home and we want her to leave?

New property adjacent to our home.   We want to use the mobile home for an office. She is not paying rent. Can we give her under 30 days notice to quit?

Asked on February 5, 2011 under Real Estate Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, when you purchase land and a structure that is on the land, and the structure has a tenant, yo purchase the structure and the land "subject to" the rental agreement made with the previous owner.  Now, although she does not pay rent in the conventional form, maybe her agreement with her parent(s) is to maintain the land and pay the taxes, etc., and/or maintain the dwelling in exchange for paying money.  WHAT DOES YOUR CONTRACT SAY!!!!!!!  Your contract should have spoken to the matter.  Does it say "subject to" or "delivered vacant?"  Seek legal help with this.  If you are going to have to evict her then you need to do it correctly.  Good luck to you.

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