Dec302025
Probate Q&A Series

How do I give a tenant notice to move out when there’s no written lease, and can the estate end the tenancy so the property can be sold? – North Carolina

Short Answer

In North Carolina, when there is no written lease, the tenancy is usually treated as a periodic tenancy (most often month-to-month), and the landlord ends it by giving a proper written “notice to quit” for the correct time period. If the tenant does not move out after the notice period ends, the next step is typically a summary ejectment case in small claims court, followed by a sheriff-executed writ if the landlord wins.

An estate can often end a tenancy so the property can be sold, but the personal representative (administrator) must first have the legal right to possession and control of the property. If the heirs own the real estate subject to the tenancy, the personal representative may need the heirs’ cooperation or an order from the Clerk of Superior Court before taking steps that require possession, including eviction in some situations.

Understanding the Problem

In North Carolina probate administration, a common question is: when a decedent’s real property is occupied by a tenant and there is no clear written lease, can the estate (through the court-appointed administrator) end the tenancy so the property can be sold, and what notice must be given to require the tenant to move out? The decision point is whether the person acting for the estate has the right to terminate the type of tenancy that exists and then use the correct notice and court process if the tenant does not leave by the deadline.

Apply the Law

North Carolina generally treats an unwritten residential rental arrangement as a periodic tenancy based on how rent is paid (for example, month-to-month if rent is paid monthly). A periodic tenancy ends when the landlord gives a proper notice to quit for the correct period and the tenant fails to vacate by the end of that period. If the tenant stays, the landlord typically must use the court eviction process (summary ejectment) rather than self-help. In an estate situation, the personal representative can collect and manage rent and may be able to pursue removal of tenants, but only after the personal representative is entitled to possession and control of the property under North Carolina estate administration rules. Separately, if the goal is to sell the property, the personal representative may need authority to sell (from the will, if any, or from the Clerk of Superior Court in an estate special proceeding) and may need heirs to join in a sale depending on the circumstances.

Key Requirements

  • Correct tenancy type and notice period: With no written lease, the notice period usually depends on the rental period (month-to-month, week-to-week, or year-to-year). The notice must be long enough and timed correctly to end the current rental period.
  • Proper written notice to quit (and proof of delivery): A written notice that clearly states the termination date helps avoid disputes about whether the tenancy ended. Keeping proof of delivery (and a copy) matters if a court filing becomes necessary.
  • Right party with authority to act: In an estate context, the person giving notice and filing any eviction must have the legal right to possession/control (for example, the personal representative acting within estate authority, or the titled heirs/devisees, depending on how the property is held and whether the personal representative has authority to sell or manage the property).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The estate administrator is dealing with a tenant in the decedent’s property and there is no clear written lease, which commonly points to a periodic tenancy based on how rent has been paid. If rent has been paid monthly, North Carolina typically treats that as month-to-month, which can be ended with a proper notice to quit that gives at least the statutory minimum time and ends at the close of a rental period. Because the estate also needs to sell the property, the administrator should confirm whether the administrator has possession/control authority over the real estate (or whether the heirs hold title subject to the tenancy), since that affects who should sign the notice and who should be the plaintiff if an eviction filing becomes necessary.

Process & Timing

  1. Who files: The landlord with the right to possession (often the titled owner(s), or the personal representative if entitled to possession/control under the estate). Where: Typically the Magistrate (small claims) in the county where the property is located, with the Clerk of Superior Court involved for estate authority questions. What: First, a written notice to quit; if the tenant does not leave, a summary ejectment complaint and summons. When: For many no-lease situations, the key timing is giving at least 7 days’ notice for a month-to-month tenancy under the statute, timed to end the rental period.
  2. Next step: If the tenant remains after the termination date, file a summary ejectment case. If the court enters judgment for possession, the tenant may have a short appeal window, and the landlord may then request a writ of possession. The sheriff schedules execution of the writ and must give notice of the approximate time of execution.
  3. Final step: If the writ is executed, the sheriff restores possession. Personal property left behind must be handled under North Carolina’s post-eviction property rules, including the short window in which the tenant can request return before disposal rules may apply.

Exceptions & Pitfalls

  • Wrong “landlord” on the notice or lawsuit: In probate, real property often passes to heirs/devisees subject to existing leases, while the personal representative’s authority over the real estate can depend on the will (if any) and whether the Clerk has granted authority through an estate proceeding. Filing under the wrong name or without authority can delay removal and the sale.
  • Misidentifying the tenancy period: If rent is paid weekly or annually (or facts show a different rental period), the statutory notice period changes. A notice that is too short or ends on the wrong date can force a restart.
  • Self-help lockouts: Changing locks, shutting off utilities, or removing belongings without a writ can create liability. North Carolina’s process generally requires a court judgment and sheriff execution for a contested move-out.
  • Personal property handling after eviction: After a writ is executed, North Carolina has specific rules about sheriff notice, storage, and the short time window for the tenant to retrieve property. Mishandling property can create disputes and added costs.
  • Sale planning vs. tenancy planning: If the estate needs to sell to pay debts (such as secured loans or medical claims), the administrator may need to pursue the correct estate procedure for authority to sell and coordinate that timeline with the eviction timeline.

Conclusion

In North Carolina, when there is no written lease, the tenancy is usually a periodic tenancy based on the rent-payment schedule, and it ends only after a proper notice to quit for the required time period (often at least 7 days for a month-to-month tenancy) and the end of the rental period. If the tenant does not move out, the next step is a summary ejectment case and, if needed, a sheriff-executed writ for possession. The estate can end the tenancy to sell the property, but the administrator should confirm authority to possess/control the real estate before giving notice. The next step is to serve a written notice to quit with the correct termination date.

Talk to a Probate Attorney

If there is a tenant in estate property and the goal is to end an unwritten tenancy so the property can be sold, our firm has experienced attorneys who can help sort out authority, notice timing, and the court 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.