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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33726
Experience:  Attorney for over 15 years, landlord 26 years
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Landlord cleared out my brothers apt after his death without

Customer Question

Landlord cleared out my brothers apt after his death without notifiying me. Has it in storage. Wants me to pay 2 months rent to get it back. Also had his car towed and impounded. All after only 4 days of death.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: In
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I've not been in the apt and do not have a copy of the lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just what rights do I have and what am I responsible for. No will.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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This is completely against the law and would be considered an illegal eviction. If someone has filed a probate case to settle brother's estate, they would have the right on behalf of the estate to sue the landlord for his actions.

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With that said, you can notify the landlord that he is in violation of the law and he has no legal right to hold the personal property hostage for any back rent. If rent is owed, then his recourse is to file a claim against the estate with the executor for payment.

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But legally only the representative of his estate would have legal grounds to go after the landlord for his illegal actions..

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thanks

Barrister

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