If the landlord and an heir both said the house would be given to my parent but nothing was in writing, is there any way to enforce that promise? – North Carolina

Short Answer

Usually not. In North Carolina, an agreement to give or sell a house generally must be in writing and signed by the person who would be giving it, or it is typically unenforceable under the Statute of Frauds. There are narrow exceptions (for example, certain situations involving fraud or a court-imposed remedy like a constructive trust), but those claims are fact-specific and often hard to prove—especially when the only proof is a verbal promise.

Understanding the Problem

In North Carolina probate, a common question is whether a tenant (or the tenant’s family) can enforce a landlord’s verbal promise that the rented home “will be given” to the tenant after the landlord dies. The decision point is whether a spoken promise—made by the deceased landlord during life and repeated by an heir after death—can create a legal right to receive title to the house when nothing was signed. The key trigger is the landlord’s death and the opening of the estate, because the property is then handled through the clerk of superior court’s estate process and any transfer must follow North Carolina’s rules for real estate and estates.

Apply the Law

North Carolina treats a house as real property, and the law generally requires written proof for any contract to sell or convey real property. A verbal promise to “give the house” is typically not enough to force a transfer of title. After the owner dies, the estate process also matters: the personal representative (executor/administrator) and the heirs/devisees have defined roles, and informal statements by family members do not substitute for a deed, a valid will provision, or a written contract.

Key Requirements

A signed writing for a land-transfer deal: A contract to sell or convey land generally must be in writing and signed by the person who would be bound by it.
Clear proof of a legally recognized theory if there is no writing: Without a signed writing, the claim usually must fit a narrow equitable theory (such as a constructive trust tied to wrongful conduct) supported by strong evidence, not just disappointment or misunderstanding.
Correct probate posture and proper party: Any demand for the house must be directed at the party who can legally act (often the personal representative and/or the heirs who hold title), and it must be raised in the right forum with proper procedure.

What the Statutes Say

N.C. Gen. Stat. § 22-2 (Contracts for sale of land must be in writing) – Contracts to sell or convey land are generally void unless there is a written memorandum signed by the party to be charged.
N.C. Gen. Stat. § 47-18 (Registration of conveyances/contracts to convey) – Deeds and certain land-related instruments generally must be recorded to protect against later purchasers or lien creditors.
N.C. Gen. Stat. § 31-39 (Probate and effectiveness of wills to pass title) – A duly probated will is effective to pass title, and timing/filing rules can affect enforceability against third parties.

Analysis

Apply the Rule to the Facts: The facts describe a month-to-month tenant whose landlord died, with heirs collecting rent and verbally suggesting the home would be given to the tenant’s family member, but with no signed writing. Under N.C. Gen. Stat. § 22-2, that kind of oral promise to convey a house is usually not enforceable as a contract to transfer real property. The remaining question becomes whether there is strong, provable evidence of a narrow equitable claim (for example, wrongful conduct tied to the promise) or whether the situation is best treated as a probate/real-estate transfer issue that requires the heirs (or the estate) to voluntarily sign and record a deed.

Process & Timing

Who raises the issue: Typically the person claiming the promised transfer (or their legal representative). Where: The estate file is handled by the Clerk of Superior Court (Estates) in the county where the estate is opened; any lawsuit to force a transfer or impose an equitable remedy is usually filed in North Carolina Superior Court. What: A written demand/claim explaining the basis for the request, and—if necessary—a civil complaint seeking appropriate relief. When: As early as possible after learning the estate is open and before the property is sold or transferred.
Evidence gathering: Collect any documents that could qualify as a “memorandum” of the deal (letters, emails, texts, notes, receipts referencing a purchase price or transfer terms), plus proof of any reliance (payments for major improvements, insurance, taxes, or other owner-type expenses). Identify witnesses who heard the promise and can testify consistently.
Resolution path: If the heirs agree, the cleanest outcome is a voluntary deed transfer signed by the proper owner(s) and recorded with the register of deeds. If there is no agreement, the next step is a lawyer-led evaluation of whether a viable claim exists despite the lack of a signed writing, and whether emergency steps are needed to prevent a sale while the dispute is litigated.

Exceptions & Pitfalls

“They promised” is not the same as “there is a contract”: North Carolina generally requires a signed writing to enforce a deal to convey land, and a verbal promise—even repeated by an heir—often fails under the Statute of Frauds.
Equitable claims are narrow and proof-heavy: Courts may impose remedies like a constructive trust in some cases involving wrongful conduct (such as fraud or abuse of a position of trust), but these are not automatic and require specific, credible evidence beyond a family understanding.
Confusing probate roles: An heir collecting rent does not necessarily have authority to bind the estate or transfer title. Title transfer usually requires a deed from the legal owner(s) (often the heirs/devisees once title vests) and proper recording.
Relying on improvements without documentation: Paying for repairs or upgrades can feel like “earning” the house, but without a written agreement those payments may be treated as tenant-type expenses unless records clearly show they were made in exchange for ownership.
Waiting until after a third-party sale: If the property is transferred and recorded to a purchaser, the dispute can become much harder. Recording rules can protect later purchasers who take without notice.

For more on communicating with the right person in an estate administration, see submit it to the right contact in a North Carolina estate.

Conclusion

In North Carolina, a promise to give or transfer a house is usually not enforceable unless it is in a signed writing that satisfies the Statute of Frauds. When the owner has died and the estate is open, informal statements by heirs typically do not replace a deed, a valid will provision, or a written contract. The practical next step is to gather any written proof of the agreement and promptly present a written demand to the personal representative and the heirs before the property is transferred.

Talk to a Probate Attorney

If a landlord died and family members verbally suggested a rented home would be given to a long-term tenant, our firm has experienced attorneys who can help evaluate whether any enforceable written agreement exists, whether an equitable claim may apply, and what steps to take in the estate process. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.