Full question:
I had a rental agreement when the person I was renting from died. I had been on the land for four years. Do I have Squatter Rights? Also, as it stands, they have given me 20 days to move my home. I need help and advice on what to do.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: North Carolina
Answer:
As a tenant, you have permission to occupy the property under your rental agreement, which means you cannot claim adverse possession or squatter rights. Adverse possession requires continuous, open, and hostile possession of land for a specific period, which varies by state. In North Carolina, the required period is typically seven to twenty years, depending on the circumstances.
When a landlord dies, the lease generally remains in effect, and you continue your tenancy with the landlord's successor. If the property is sold, the new owner must honor your existing lease unless stated otherwise in the lease terms.
If you have been given a notice to vacate, you must be formally evicted through the court process. This involves being served with a Summons and Complaint, which will outline the eviction hearing details. You may have defenses against eviction, depending on the reasons provided by the landlord.
It's important to act quickly if you wish to contest the eviction. You have ten days to appeal the decision if you lose in court, during which time you cannot be evicted. To maintain possession, you may need to pay any rent due to the court.
For specific legal advice and assistance, consider consulting a local attorney who can help you understand your rights and options.
Refer to North Carolina General Statutes § 42-14 for more details on notice requirements for tenancy termination.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.