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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33190
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am a tenant at a commercial property. My landlord passed

Customer Question

I am a tenant at a commercial property. My landlord passed away and I had a lease with his company that was an LLC. The property went to probate and his girlfriend felt she should have gotten the property since she owned it at one time but it was given to his only heir. She has taken us to court twice to get the rent that has been put in escrow by the executor and lost. she has now hired an attorney and he has sent us a letter stating we have to be out in 10 days. I asked the executor and he state d that the property is still in probate and she is not the legal owner of the property . What type of lawyer should I contact to review my rights as the tenant so that don't come to work one day and I cant get in or my property is missing.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will 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.


When the owner passed away, all his assets, including anything that he owned in the LLC, are now in his estate under the supervision of his executor. So the girlfriend has no legal claim to anything at this point as the estate owns the property. So you can simply ignore her demands because she has no legal standing to do anything at all, much less evict you from a property that she doesn't own. Only the executor could terminate your tenancy and evict if you were in breach of the lease in some way.


If you wanted to get an attorney to send her a "cease and desist" letter, I would suggest a real estate law or even an estate law attorney as he could explain to her that she has zero rights to do anything at this point and any further contact will be considered harassment with you taking formal legal action against her both civilly and criminally.


As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...




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