What eviction notice should I serve?

[Roger Verastegui]

My father and I bought a foreclosed home recently in Charlotte, NC and it was an REO property. We have been trying to work with the occupants, but their lawyer is very slow to respond which leaves me to believe that they are not very serious about getting a lease agreement signed. I am planning on moving forward with the formal eviction process if their lawyer continues to be flaky, however, I have a question about the Eviction Notice I would serve them. Since we never had a lease agreement with the former owners none of the Eviction Notices apply to our situation. The nonpayment, criminal activity, lease violation or lease termination rules do not apply. I have been searching the internet for a form that suits our situation, but I have not found anything, am I looking for the right form or should I be looking at the Notice to Quit form? Thank you and I appreciate any advice.

[Thomas S.]

You need to study your state landlord tenant regulations. If there is no written lease then your tenant is on a verbal M2M. You should be able to give notice to simply non renew.

When you present a existing tenant with a new lease they do not have to sign it. It still becomes legal and binding at the end of the notice period.

If your tenant has a lawyer representing him you do not want him as a tenant. Get rid of him asap through non renewing his lease.

Also...VERY IMPORTANT....you need to study, learn and understand all your state landlord tennat regulations as of the day you took ownership of your first rental property. To not know the regulations is irresponsible of a investor/landlord. Learn the law now.

If you have presented your tenant with a new lease then you may have a problem terminating him. You may have sc**wed yourself.