How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23955
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
9540344
Type Your Real Estate Law Question Here...
RealEstateAnswer is online now
A new question is answered every 9 seconds

If an elderly individual has a house and their child rented

Customer Question

If an elderly individual has a house and their child rented the house out to a tenant who never paid. In the meantime the elder owner's child dies enabling the tenant to not pay or move. What actions can the elderly owner take to get the tenant out of the property?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 11 months ago.

Have they demanded rent from the tenant? Why do they refuse to vacate?

Customer: replied 11 months ago.
Owner has demanded rent and to vacate. Court date is Tuesday and she is coutering because she caused a fire to the property and paid $900 (according to her). Rent is $750, but no payment when she found out about the unexpected illness and death of owner's child. No payment since April of 2015
Expert:  RealEstateAnswer replied 11 months ago.

Thank you for the additional information. If the person caused damage/a fire, they would need to pay for the damage and cost of repair. That is not rent and something which they are responsible for. If they have not paid anything since April, they have no legal basis to stay and remain, since the landlord has demanded it, provided them notice and they still fail to comply. Unless she can show that she has paid rent or has a legal basis to stay, the court should order the eviction and require her to vacate. At the end of the day, the owner has the final say and if there is no rental agreement in place or one that has been breached, she will need to leave.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 11 months ago.
Excellent and quick response.
Expert:  RealEstateAnswer replied 11 months ago.

Thank you. Just please rate my help at the top, so the site will give me credit.

Expert:  RealEstateAnswer replied 11 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Related Real Estate Law Questions