If a man dies without a Will, before the real estate is released to his heirs can they demand rent if there is no lease or contract?

Asked on September 3, 2015 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Who are they demanding rent from? A person who was a guest of the decedent the man who died, such as his live-in romantic partner? If there was a person living in the home without a lease, the estate, through the court-appointed administrator, can ask that person to leave and can take steps to remove her, such as through an action for ejectment "ejectment" is "eviction for non-tenants"--i.e. how you remove people from a property who do not have a legal right to remain but who are not rent-paying tenants. The estate could also offer her a lease--i.e. let her stay if she'll pay rent--but cannot force her to pay or sue her for money if she chooses not to rather, the only option is to bring the ejectment action to remove her if there is no mutually agreeable arrangment to let her stay.
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