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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36607
Experience:  Attorney over 16 years, landlord 26 years
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My landlord died last saturday. Unfortunate, he is the

Customer Question

my landlord died last saturday. Unfortunate for me, he is the leaseholder and I am not tenant. I was told by a coroners investigator tha they can kick me out. with as little as 15 days notice. Is that true.. they plan to sell the mobile home to collect funeral costs. can they do that. what is my recourse? I thought they had to give me 30 days notice.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are you saying that you were living with the person who actually had a lease with the owner of the land where the mobile home is?

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Did the deceased own the mobile home you live in?

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Is the rent current with the actual landlord who owns the land the home sits on?

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thanks

Barrister

Customer: replied 1 year ago.
he owned the mhobile home I have been living in , I rented a room from him and paid every week. I
Customer: replied 1 year ago.
if you have fu no will. rther inof that it not easy to type, place call(###) ###-####yes the rent is current through the endof september this year. H e left no will.
Expert:  barristerinky replied 1 year ago.

Ok, then he would be considered your landlord and only the executor of his estate would have the power to terminate your tenancy and evict you.

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Right now, you are a month to month tenant and are entitled to at least 30 days notice, 60 if you have lived there over a year, before the executor could terminate the tenancy. So if he just passed, then it may take a month before someone is appointed executor, then another 30 or 60 days before they could file to evict if they give you written notice. The actual eviction takes about 3 weeks before they could then have a sheriff force you to move out.

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So the investigator is completely wrong here and it would take at least 2 months, probably longer, for them to force you to vacate.

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thanks

Barrister

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