Short Answer

In North Carolina, a landlord can transfer title to a deceased tenant’s belongings in the rental unit by filing a specific affidavit with the Clerk of Superior Court. If no estate representative has been appointed and at least 10 days have passed after the paid rental period ended, filing the affidavit immediately transfers ownership of the tangible personal property in the unit to the landlord. You may then lawfully remove and store the property, re‑let the unit, and after a 90‑day hold, sell or donate the items with required notices and accounting. Unauthorized occupants are removed through summary ejectment.

Understanding the Problem

In North Carolina, can a landlord or property manager transfer title to a deceased tenant’s belongings and regain possession of the unit when no one has opened an estate? Here, the manager reports that current occupants are remodeling without permission. The goal is to clear legal title to the tenant’s personal property in the unit and lawfully remove unauthorized occupants so the unit can be re‑rented.

Apply the Law

North Carolina law lets a landlord take title to the deceased tenant’s tangible personal property left in the unit by filing a clerk-approved affidavit, but only if the tenant was the sole occupant and no one has opened or used certain estate procedures in that county. Once filed, the landlord may remove and store the property and re‑let the unit, then after a 90‑day period, sell or donate the items with notice and an accounting of proceeds. Ejectment of unauthorized occupants proceeds through small claims court under the landlord‑tenant statutes. The main forum for the affidavit is the Clerk of Superior Court in the county of the rental, and for ejectment it’s the magistrate in small claims court. Key timing triggers include the “10 days after the paid rental period ended” rule and the 90‑day hold before sale or donation.

Key Requirements

• Sole-occupant tenant and no estate action: The deceased was the only occupant; no personal representative, collector, or receiver has been appointed in the county; and no small‑estate affidavit has been filed there.
• 10-day waiting period: At least 10 days have passed after the last paid rental period ended before filing the affidavit.
• Affidavit and attachments: File the clerk-approved form with a death certificate, an inventory of items, the rental address, and a good‑faith value estimate; pay the filing fee; and notify the emergency contact or post notices if none is listed.
• Immediate transfer and storage: Filing transfers title to the belongings to the landlord; you may remove and store the items and re‑let the unit.
• 90-day hold, then disposition: If no estate representative appears within 90 days, you may sell (with notice and accounting) or donate to a qualifying nonprofit; surplus sale proceeds go to the Clerk.
• Unauthorized occupants: Remove through summary ejectment in small claims court; do not self‑help.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-25-7 (Landlord may remove/sell property of deceased residential tenant) – Sets the affidavit process, notice, storage, 90‑day hold, and sale/donation rules.
• North Carolina Gen. Stat. § 42-26 (Grounds for summary ejectment) – Provides the basis to remove occupants who lack the right to possess.
• North Carolina Gen. Stat. § 42-29 (Jurisdiction and procedure) – Describes small claims procedure for eviction before a magistrate.

Analysis

Apply the Rule to the Facts: Because the deceased tenant died over a year ago and no one appears to have opened an estate in the county, you can likely use the landlord affidavit process if the tenant was the sole occupant. Once at least 10 days have passed from the end of the last paid rental period, file the affidavit with the Clerk, attach the death certificate and a simple inventory, and send/post the required notices. Filing transfers title to the belongings to you, allowing removal, storage, and re‑letting. For the people remodeling without permission, file a summary ejectment in small claims; do not remove them without a court order.

Process & Timing

1. Who files: Landlord/property manager. Where: Clerk of Superior Court in the county where the rental is located. What: AOC form affidavit to remove personal property of a deceased residential tenant (attach death certificate and inventory). When: After at least 10 days have passed from the end of the last paid rental period and only if no estate appointment or small‑estate affidavit is on file in that county.
2. Upon filing, title to the tangible personal property transfers to the landlord; remove and store the items in-county (or an adjacent county if needed). Re‑let the unit. Hold the items for 90 days in case an estate representative appears. If a representative presents letters or a qualifying affidavit before disposition, deliver the property to them.
3. After 90 days with no estate representative: either (a) sell the items—post the required notices at least seven days in advance, apply proceeds to unpaid rent, damages, storage, filing, and sale costs, and pay any surplus to the Clerk with an accounting; or (b) donate the items to a qualifying nonprofit and file an accounting. If the total value is $500 or less, you may donate without filing the initial affidavit, but follow the statute’s notice and storage steps.

Exceptions & Pitfalls

• If the tenant was not the sole occupant, the special affidavit process may not apply; consider summary ejectment and consult counsel.
• If anyone opens an estate or files a small‑estate affidavit before you sell/donate, you must stop and deliver the property to that person.
• Always attach the death certificate and a basic inventory; missing attachments or poor notice (to the emergency contact or by postings) can derail the process.
• Store items in a permitted facility and keep receipts; you must account for proceeds and costs if you sell or donate.
• Do not self‑help with occupants; use summary ejectment. Accepting money or signing documents with occupants can complicate their status.

Talk to a Probate Attorney

If you’re dealing with a deceased tenant’s belongings and unauthorized occupants in a North Carolina rental, our firm has experienced attorneys who can help you understand your 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.