QUESTION

My brother now says it’s his home and wants to now buy it do I have to sale it to him?

Asked on Jan 03rd, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
I purchased a home from my aunt and uncle in 2008 through a loan company. My brother was renting from them and refused to purchase the home I allowed him to stay there and pay my rent every month on the first. He has not paid this going on the 2nd month. I got legal advice and gave the ten day notice then I have to do a summary of eviction paper. My brother now says it’s his home and wants to now buy it do I have to sale it to him? Also he has always wanted new things in the house and did whatever to the house without asking and says now he will sue me and take everything out of the house! Can he do that? There is no written contract between us but the legal advice told me that it is considered a monthly contract when I accepted the first check from him! What kind of legal grounds does he have?
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9 ANSWERS

Business Law Attorney serving Livonia, MI at Gerald A. Bagazinski
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Probably none. You need to evict him and start over with a new tenant.
Answered on Jan 12th, 2013 at 5:45 AM

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You have been given proper legal advice. If you can prove that you have legal title, you can proceed to evict him. If he chose to upgrade the property and now proceeds to destroy it, you can hold him responsible for damage to the property.
Answered on Jan 12th, 2013 at 5:44 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Sounds like none, and he is a month to month tenant.
Answered on Jan 08th, 2013 at 9:57 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. From what you stated, I do not see any legal grounds for him to stand on. However, I strongly suggest that you contact an experienced real estate attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 08th, 2013 at 9:55 PM

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Assuming that this is a Massachusetts tenancy you need to serve him with a 14 day notice to quit. At the end you need to take him to court with a summary process action. It is not his house and he has no claim to it other than mere possession as a tenant.
Answered on Jan 08th, 2013 at 9:54 PM

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Business Litigation Attorney serving Orange, CA at Law Offices of Frank Granato
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You do not have to sell the property to your brother. You need to consult an attorney and provide more facts to address the issue of your brother's rights to the property.
Answered on Jan 08th, 2013 at 9:53 PM

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He has none. You can do whatever you want with the property.
Answered on Jan 08th, 2013 at 9:53 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Talk with your attorney and see what is best. My off the cuff answer though is that your brother is blowing smoke and trying to scare you into doing something you may not have to do.
Answered on Jan 08th, 2013 at 9:49 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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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

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