Holdover tenant from last owner, not paying any longer

[Calvin Lin]

Hi,

I purchased a 3BR condo in Raleigh, NC closing on 9/25/2015.  There are 3 tenants in the condo and one of them mentioned to the last owner that he was leaving by end of Sept.  During closing the former owner asked me if it is OK that the security deposit can be returned to the departing tenant since it is only 5 days left before he departs and I said yes without thinking too much about it.  Since then this tenant said he can't leave until 10/31/2015 and asked for an extra month and I said yes and he promised to pay the one extra month of rent.  But so far he has refused to pay rent and won't answer calls or emails.  I have a new tenant coming in on 11/1/2015.  I do not have a current lease with this tenant, only with the other 2 who resigned with me after the closing.  I am hoping he will really leave by end of Oct as he said but since there is no valid lease between him and me, I am not sure what happens if he doesn't.

Of course now I know that I should not have agreed to the return of the deposit until he has actually moved out, maybe that was part of his master plan from the beginning and I am not that interested in pursuing a $450 rent in small claims court.  The most important thing is I want him out of that condo.  I read up on the NC tenant eviction laws but the thing is I do not even have a lease with him; to me he is an unauthorized squatter so I am not even sure the tenant law is applicable in this case.  I am wondering what option I have if he refuses to leave?

Thanks for feedback.

[Jacqueline Carrington]

Don't hope and wish. Don't listen to people's "promises". Get a notice to quit to start eviction process to get him out. Unfortunately, it usually takes a little bit and they may not be out by the time your new tenant is supposed to move in. Plus you need turn time to get the unit ready again.