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Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 2 months ago

Can they make me move? My landlord passed away and I'm renting the backhouse. ?

I am renting the detached back house. My landlord passed away this weekend. Her daughter came by and gave me the news. She wants me to move out. But I don't have anywhere else to move especially with the current situation. I don't think she owns the property. My deceased landlord was the owner and she rented me that room. 

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  • 2 months ago

    What makes you think that you have rights in a place that you do not own.  Children are usually the ones who inherit and the property was very likely left to her and possibly to her an other siblings.  If she didn't own it now, she wouldn't be wasting her time with you.  You will have a place to move to when you look, and if you refuse to move and she has to evict you, then you won't find another place to rent because with an eviction on your record, no landlord will rent to you.  Get looking and be out within 30 days.  That's likely how long you have.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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  • 2 months ago

    They can, eventually, check your local laws

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  • 2 months ago

    If your landlord died, his heir owns it now. If you have a lease you can stay until it's up. If you don't she has to give you 30 days notice in most states.

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  • 2 months ago

    First off, evictions are halted in most (if not all) US states, so assuming you are in a state where evictions are halted, they can't make you move until evictions resume - in maybe 2 months, or so (just guessing).  

    2ndly, they are gonig to have to give you official written notice to leave, and I'm assuming the lease is month to month and they don't have to wait for the lease term to end. So, until you get the notice (and the evictions are resumed) you don't have to do anything.

    Beyond that, only the owner of the house can make you move and its not clear if the daughter is the owner, however, she at least represents the owner so this is probably a sign you will have to move but again, its not clear when.  

    My advice is, don't do anything until you get written notice to move. Then make sure the notice is valid (delivered and signed by the house owner or their current representative), give the correct amount of notice - at least 30 days, most places (though this varies state to state).  Then if evictions are lifted, I'd go ahead and move, but if not, then just tell them you are unable to move now due to the current epidemic, but you will move when its over.

    This is probably a valid sign that you are going to hve to move eventually, but this could be 2-3 months off, or far more (who knows how long it will be before the houses finishes going through probate), hard to say.  For now, however, you better keep paying your rent.

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  • Eva
    Lv 7
    2 months ago

    The executor of the estate can serve you with eviction papers. You don't have to move until that happens, but you have to keep paying rent to the estate. In the meantime, start looking for another place.

    • Nuff Sed
      Lv 7
      2 months agoReport

      True, although the executor/administrator might ALSO have to wait until your fixed-term lease expires.

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  • Lolly
    Lv 7
    2 months ago

    Do you have a lease? If yes, the lease is in effect whether your landlord is alive or not, and you owe rent to the estate or the new owner. If no lease, you are a month to month tenant. What are the notice laws for a month to month tenant in your state? Usually 30 days. You could inform the daughter she has to follow the law and it makes no difference if she likes that or not.

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  • 2 months ago

    The landlord (ie whoever owns or manages the property) must give you appropriate notice in writing.

    Generally if you don't have a fixed term lease, this would be a minimum of one full month's notice.

    Verbal doesn't work.

  • Judy
    Lv 7
    2 months ago

    Do you have a lease? If you do it has to be honored, otherwise they probably have to give you 30 days to be out.

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  • Anonymous
    2 months ago

    The first thing I would say is ‘don’t panic’! If a landlord dies the tenancy does not end. It becomes part of the landlord’s estate, just like the landlord’s other assets and after Probate has been granted it then passes to the landlord’s beneficiary/beneficiaries who will become the new landlords.

    For you as the tenant, nothing changes – the tenancy continues until the end of its term as it would do under normal circumstances. The tenant cannot be evicted early as long as they keep paying the rent. Granting Probate takes time – weeks and often months – so even if the new landlord doesn’t wish to renew the tenancy agreement in due course, you will have plenty of time to decide what to do next.

    • Nuff Sed
      Lv 7
      2 months agoReport

      True, although it's also possible that the "daughter" obtained ownership by joint deed the moment the landlord died. That would leave the question of the duration of your fixed-term lease and whether it legally contains any "escape clause" conditions to benefit the new owners.

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  • 2 months ago

    Of course they can make you move.

    She cant straight up kick you out..  But she certainly can go thru the eviction process.

    NO ONE is obligated to continue to rent the property to you.  Your rental agreement was between you and the landlord..  There is no rental agreement between you and the new property owner

    • Nuff Sed
      Lv 7
      2 months agoReport

      A fixed-term lease generally carries over from one owner to the next, if not as a contract then as a vested property right in the form of the tenant's exclusive right to continue living there under the terms of the lease.

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