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Tenant in Baltimore county died, her son lives in house but…

Tenant in Baltimore county...

Tenant in Baltimore county died, her son lives in house but is not on lease. Can I file a Failure to pay rent? How do I handle getting property back

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: Has any paperwork been filed?

I did file a failure to pay rent. I asked the son who the executor of estate is for his mom, and he said they are meeting Saturday to find out

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Answered in 1 minute by:
3/9/2018
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,074
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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How much longer is the lease? Is the son (if not a minor) planning to stay in the house?

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Customer reply replied 4 months ago
Tenant is on a month to month lease. We do not want the son to stay in the house

Thank you for the additional information. You would sue the estate for any back rent and the son has to pay going forward until he vacates or is evicted.

When a tenant dies, the tenant’s surviving spouse or any member of deceased tenant's immediate family who was living on the premises with the tenant at the time of the tenant’s death has the right to be substituted as tenant in place of and to the same extent as the original tenant upon continued payment of rent to the landlord.

So, the son is now a month to month tenant and has to pay the rent. If you want him to vacate, then you give him the notice to vacate.

For the back rent, if the tenant dies and the rent is not paid, the landlord may file suit for summary ejectment against the tenant's personal representative, or if there is none, then against tenant's estate with a notice served to the occupant of the premises or, if there is no occupant, by posting on the premises.

So, basically you would sue the estate for the back rent, the current tenant is responsible for the rent going forward until he vacates or is evicted.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Hello again:

I am checking in with you to see how things are going. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
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Satisfied Customers: 5,074
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