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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102597
Experience:  Attorney
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A person currently squatting in a house I am purchaseing.

Customer Question

a person currently squatting in a house I am purchaseing. they have no rental agreement to be therenor [paying rent. this person is also on house arrest for parole villation, multiple times. also, looks like teh person violated parole againa and going back to jail. when the transaction is complete, can I rmove teh perosnal items and change eth locks without a probelem.?
JA: What are the terms of the lease? Is there other documentation related to this issue? What confuses you?
Customer: no term of lease
JA: Because landlord-tenant law can vary based on city and state, where is the property located?
Customer: fuquay varina, nc
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Where did this person come from? Were they a vagabond who simply wondered off the street? Or, are they the former owner who lost the home? Or, a friend of the former owner?

How did you get the home? Foreclosure auction? Deed auction? Sale? Etc.

Customer: replied 11 months ago.
they ar eteh exgiurlfriend of the previos renter who stayed. the renter moved out a year ago.
Customer: replied 11 months ago.
i am buying form teh owner
Expert:  Ely replied 11 months ago.

Thanks. No, you cannot simply lock her out. She is what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she still does not leave; and
4) Change the locks.

Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed.

I know this may be a bit of a pain to do, but if you wish to do this correctly, then this is the way to go.

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