If the house is transferred into my name, how do I legally remove a family member who has been living there for a long time without a lease? – North Carolina

Short Answer

In North Carolina, even a family member who has lived in a home for a long time without a written lease is often treated as a tenant-at-will. After the home is transferred, the new owner typically must give proper written notice to end the tenancy (often at least 7 days for a month-to-month arrangement) and, if the person does not leave, file a summary ejectment case in court to regain possession. North Carolina generally does not allow “self-help” lockouts or utility shutoffs to force someone out.

Understanding the Problem

In North Carolina, when a home is transferred into a new owner’s name while a family member is already living there without a written lease, the key question becomes: can the new owner require the occupant to move out, and if so, what legal steps must be followed to do it? The issue usually turns on whether the occupant is treated as a tenant-at-will and what notice and court process applies before the sheriff can remove the occupant. Timing matters because the right to possession often depends on giving the correct notice before filing in the correct court.

Apply the Law

North Carolina law generally requires residential occupants to be removed through the court process rather than by force, lockouts, or cutting off access. When there is no written lease, the occupant is commonly treated as a tenant-at-will (often month-to-month based on how the living arrangement has operated). To regain possession, the owner typically (1) terminates the tenancy with proper notice and then (2) files a summary ejectment action (eviction) if the occupant does not leave. Summary ejectment cases are commonly handled in small claims court before a magistrate in the county where the property is located, with the sheriff enforcing any writ for possession.

Key Requirements

  • Ownership/right to possession: The person seeking removal must be the legal owner (or otherwise have the right to possession) after the transfer.
  • Proper termination notice: The tenancy must be ended with the notice period required for the type of tenancy (often treated as month-to-month when there is no lease).
  • Court process (not self-help): If the occupant does not leave after notice, the owner must file for summary ejectment and obtain a court order and writ for possession enforced by the sheriff.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an older relative who owns a North Carolina home and wants to transfer it into another family member’s name while a different family member has been living in the home long-term without a lease. Once the transfer happens, the new owner generally becomes the “landlord” for removal purposes and should treat the occupant as a tenant-at-will unless there is a clear, documented arrangement showing otherwise. That means the new owner typically needs to give a proper notice to quit under the at-will rules and then file a summary ejectment case if the occupant refuses to leave.

Process & Timing

  1. Who files: The new owner of the home (after the deed/transfer is recorded). Where: Small claims court (before a magistrate) in the county where the property is located, through the Clerk of Superior Court. What: A complaint for summary ejectment (eviction) after serving a written notice to quit. When: For many no-lease situations treated as month-to-month, the termination notice is commonly at least 7 days before the end of the rental period under N.C. Gen. Stat. § 42-14.
  2. Hearing and judgment: After filing, the court issues a summons setting a quick hearing date (the statute contemplates a short timeframe) under N.C. Gen. Stat. § 42-28. The magistrate decides whether the owner is entitled to possession. If the occupant disputes the owner’s title in a way that triggers transfer to district court, the case can become slower and more complex under N.C. Gen. Stat. § 7A-223.
  3. Enforcement: If the owner wins and the occupant still does not leave, the owner requests a writ for possession and the sheriff carries out the physical removal. The owner should avoid any attempt to remove the occupant without the writ because North Carolina policy requires eviction through the statutory process under N.C. Gen. Stat. § 42-25.6.

Exceptions & Pitfalls

  • Self-help lockouts can backfire: Changing locks, shutting off utilities, or removing belongings without the court process can create liability and delay the goal of regaining possession. North Carolina’s policy is that residential tenants are removed only through the statutory eviction process. See N.C. Gen. Stat. § 42-25.6 and the remedies provision in N.C. Gen. Stat. § 42-25.9.
  • Notice problems: A vague text message or an unclear move-out date can lead to dismissal and require starting over. Written notice with a clear termination date is a common best practice.
  • Title disputes can change the forum: If the occupant denies the owner’s title in a way recognized by the court, the case may be moved out of the magistrate’s small claims track and onto the district court civil docket. See N.C. Gen. Stat. § 7A-223.
  • Estate-planning coordination: When an older relative is transferring the home early (deed or trust) while an occupant remains in place, the transfer documents and the removal plan should align so that the correct person has authority to give notice and file the case. In many families, a written occupancy agreement (even a simple one) can reduce later disputes about whether the arrangement was “rent,” “permission,” or something else.

Conclusion

In North Carolina, a long-term family occupant without a lease is often treated as a tenant-at-will, so removal usually requires proper notice to end the tenancy and then a court-filed summary ejectment if the occupant does not leave. The safest approach is to avoid lockouts and use the statutory process so the sheriff can enforce possession. A common timing trigger is the 7-day notice used to terminate many month-to-month tenancies under N.C. Gen. Stat. § 42-14. Next step: deliver a written notice to quit and, if the deadline passes without a move-out, file summary ejectment in the county where the home is located.

Talk to a Estate Planning Attorney

If a family home transfer is being planned while another family member is living in the property, an estate plan and a removal plan should be coordinated to reduce disputes and avoid missteps with notice and court filings. Our firm has experienced attorneys who can help explain options and timelines. 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.

Category: Estate Planning Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.