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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118789
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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MY SON MOVED INTO HIS GRANDMOTHER'S APT......TWO YEARS AGO.

Customer Question

MY SON MOVED INTO HIS GRANDMOTHER'S APT......TWO YEARS AGO. I RECEIVED A LETTER FROM LANDLORD THAT HE WAS NOT OBLIGATED TO ADD HIS NAME TO THE LEASE BUT HE DID ACKNOWLEDGE IN 2013 THAT MICHAEL LIVED WITH HIS GRANDMOTHER AND HE WAS FINE WITH THAT. THE SAME LETTER ACKNOWLEDGES THEY KNEW PRIOR TO 2013.
MY MOTHER PASSED AWAY JAN. 29, 2016 AND TO DATE NEVER INFORMED THE LANDLORD..MY QUESTION IS CAN THE LANDLORD CLAIM I COMMITTED FRAUD? ALSO WILL THIS HURT ANY REQUEST FOR SUCCESSION? I PLAN TO IMFORM THE LANDLORD ABOUT MY MOM"S PASSING TOMORROW....I NEVER KNEW I WAS UNDER AN OBLIGATION TO PROVIDE THIS INFO UNTIL THE NEXT RENEWAL LEASE WHICH IS JAN. 1 2016
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you have the letters showing they knew he was living there and were not challenging his right to live there since 2013, then that is the proof you need that he was living with her for the requisite 2 years to seek succession rights on the lease. You need to provide the information to the landlord together with asserting your son's succession rights. Again, the letter is proof he resided there with knowledge of the landlord.

Customer: replied 1 year ago.
But u didn't respond to my question...the fact that my mom passed away Jan 29, 2016 and to date have not informed landlord ....have I violated anything that would hurt succession ....she died 6 months ago....
Customer: replied 1 year ago.
Was I under obligation to inform....lease renewal is Jan 1, 2017
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Just the second part of question
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply
You were under obligation to notify the landlord as soon as practical after her death, yes, and not wait until the lease renewal. You waiting this long is not going to destroy your son's right to succession, but you need to notify the landlord now.
Customer: replied 1 year ago.
Thank u
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
Waiting for call
Expert:  Law Educator, Esq. replied 1 year ago.
I will be more than happy to send you a request for a call, but please be aware it is a premium service that the site charges more money for.
Customer: replied 1 year ago.
Please call me now(###) ###-####
Customer: replied 1 year ago.
I need to speak with you asap....I want u to review letter iv written and ask a few questions
Customer: replied 1 year ago.
pleAse call
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You have not paid for a call, which is a premium service. If you would submit your payment for that additional call then you can get a call. I am sorry those are site rules and policies.