I will make some assumptions in my answer and will note them as such. If my assumptions are wrong, you can re-post with corrections. If you purchased the home from your aunt and uncle and the mortgage and deed are in your name (assumption), it is your home and he has no legal right to it. I assume based on your brother's claims, he had a contract with your aunt and uncle that allowed him the right of first refusal. This means they were not allowed ot sell the home without giving him the first shot. You stated that he refused and they sold the home. If this is the case, the brother lost his right of first refusal. Normally, when a landlord sells a home, they inherit the lease. I have no idea what agreement if any they had with your brother, but right sof first refusal typically don't transfer. Now, he also states that he made improvements to the home. He is trying to proceed under one or both of two theories. First, he is possibly arguing for adverse possession (squatters rights in layman's terms). This is when someone takes and holds property against the wishes of another. After 10 years in NC, they can claim it as theirs. A tenant can never do this; he paid rent so he is a tenant. To use adverse possession, he must hold it against your will, he had it as a renter and it was not against your will. That argument fails. Second, he could be arguing that the repairs and upgrades he made entitle him to possession. This is completely untrue. The renter can't claim ownership merely by improving the home. In fact, I imagine many of his repairs were fixtures. Fixtures are any improvement made tot he home, which cannot be removed without damaging the home. Light fixtures are a great example. If he upgraded all of the lights, he can't take them unless he can put the home back int he condition it was in..including reinstalling the old light fixture or a comparable replacement. Your advice before was correct assuming that he pays once a month. Oral leases are allowed in NC and the length of the term is based on how often you pay rent: monthly, weekly, or daily.
Answered on Jan 07th, 2013 at 1:09 PM