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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27617
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My sister is renting a condo in .H.and is going through a

Customer Question

My sister is renting a condo in B.H.and is going through a divorce. Her landlord who is from out of the Country passed away and the apt is in probate. The lease has expired, my sister owes back rent and iis being asked to leave. What are her rights
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. Who is asking her to leave? Is it the executor of the Estate?

Customer: replied 1 year ago.
An agent for the management company that had leased it to her. He said that he was going to hire an attorney to evict her. The agents boyfriend is a trustee. Her lease expired and she has been unable to pay rent since Dec. Her court date with her husband for emergency alimony is 4/06.
Customer: replied 1 year ago.
The owner lived in Jordan.
Customer: replied 1 year ago.
The estate is in probate
Expert:  RealEstateAnswer replied 1 year ago.

Thank you for the additional information. I am sorry to say but if there is past due rent owed, which is not paid, then they do have a legal right to evict her. She can not continue to reside there rent free and even though the landlord has passed away, the executor or trustee of the estate, who is now in control, can proceed and evict her, to remove her from the rental. I know it is not ideal but once she stopped paying rent, her rights as a tenant was severely limited, if not lost. To get her out, they still need to go through the proper eviction process but as long as they do that, the eviction will be granted. I understand that she is going through a divorce and has a hearing on the 6th of April but they do not have to wait until then to get the money that has been owed for all these months and can ask her to vacated. The issue with her and her ex is unrelated to this and not a defense to raise, I am sorry to say.

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