QUESTION
Mother passed away can I be kicked out?
Asked on Jun 04th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
I have been living with my mother in her apartment for the past 8 months. I am not on the lease. My mother passed away last week. The landlord is telling me I need to leave immediately because they have already accepted a deposit from someone who wishes to rent this apartment. Is this correct or does the landlord give me some sort of notice and evict me? The landlord refused to take the money from me for another month’s rent so will I be responsible for rent after June 1st if I am evicted?
4 ANSWERS
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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I'm sorry to hear you are having to deal with this extra hassle and possible displacement of residence when you just lost your mother. The terms of the lease will govern and sometimes there is in fact a provision that discusses successors in interest for both parties, though that usually applies to obligations not rights. But in general, the only person who has legal right to stay in the apartment is the actual tenant listed and any listed occupants (even if not officially liable on the lease).
Answered on Jun 05th, 2013 at 7:54 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You need to move or be evicted.
Answered on Jun 05th, 2013 at 2:29 PM
The landlord will need to file an eviction proceeding if you refuse to leave. I doubt that you would be liable for any rent. You really don?t have any legal right to stay, so I suggest that you move soon.
Answered on Jun 05th, 2013 at 2:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You might get another 45 - 60 days. Tell the landlord that it has to give you formal written notice to leave. Then when you don't, the landlord should go to court to get an eviction order.
Answered on Jun 05th, 2013 at 2:25 PM