What can I do to get them out of a home i recently purchased

UPDATED: Oct 1, 2022

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What can I do to get them out of a home i recently purchased

Hey im emailing to ask a legal question.
Recently I purchased a rent to own land
and trailer have legal documents that
was drew up and notary public sealed.
They is someone that is currently in
home that says they was told they could
stay there if they fixed it up. No lease
was drawed up with them. I told them the
15th of Nov they had till today to be
gone they refuse to leave till they get
the money they used to ‘fix it up’ back.
What can I do to get them gone?
Thanks for taking time out ur day to
read this

Asked on November 28, 2017 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have to go to the courts to remove them. Ask the seller if they were allowing this person to stay there in exchange for repairing/fixing up/etc. the place; that will affect *how* you remove them:
1) If they did give the person permission to stay there in exchange for doing work around the place, they are most likely a month-to-month tenant (because the work they did could be seen as their "rent") under an oral (unwritten) lease. In that case, give them notice to be out by Jan. 1, 2018 (Dec. 31st is their last day); the notice MUST be written and must be send some way you can prove delivery (e.g. certified mail or fed ex) and should ideally be sent by two such ways and also regular mail. As a month-to-month tenant, they must get a month's notice to get out. If they don't then leave, you bring an eviction action.
2) If there did not have permission from the seller to remain, giving them 10 days written notice get out, then bring a different kind of legal action, one commonly called an "ejectment" action, or an action to "quiet title."
You remove non-tenants differently than you remove rent paying tenants; that's why you need to know whether the person was allowed to stay for doing work around the house, so you can bring the right legal action. Note that eviction or ejectments can be highly "technical": small errors in procedure can invalidate the action and force you to start over. You are *strongly* advised to retain an attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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