Can an apartment complex file an eviction on a deceased resident who died in the hospital and not in the apartment?

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Can an apartment complex file an eviction on a deceased resident who died in the hospital and not in the apartment?

The deceased did not have a living Will. ow can the family get the property in the apartment after the complex has changed to locks?

Asked on September 13, 2013 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, a deceased tenant may be evicted if he or she gave the landlord grounds to do so, such as nonpayment of rent (including non-payment after she was already in the hospital, or even deceased), violating the lease, etc.

If the family has the appropriate paperwork (e.g. letters testamentary), to show the landlord, they should be able to get access to the person's belongings.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, a deceased tenant may be evicted if he or she gave the landlord grounds to do so, such as nonpayment of rent (including non-payment after she was already in the hospital, or even deceased), violating the lease, etc.

If the family has the appropriate paperwork (e.g. letters testamentary), to show the landlord, they should be able to get access to the person's belongings.


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