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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27538
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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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: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

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

Customer: replied 1 year 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 1 year 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.

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Customer: replied 1 year ago.
Excellent and quick response.
Expert:  RealEstateAnswer replied 1 year ago.

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

Expert:  RealEstateAnswer replied 1 year 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!

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