Can legal action be taken against us if we can’t pay the amount of rent being asked by an executor?

UPDATED: Oct 1, 2022

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Can legal action be taken against us if we can’t pay the amount of rent being asked by an executor?

My brother was diagnosed with cancer and needed us to take care of him. He asked us to move into his house making a verbal agreement between us, his girlfriend and himself for us to pay $950 to help with the mortgage. He has since passed away and left his girlfriend as the executor of his Will. Everything basically goes to his daughter but she has to turn 21 to inherit. The girlfriend wants us to start paying $1700 a month. This even though in the beginning it was told all we can afford is $950 and they said not to worry they accepted. Can she take legal action against us like eviction?

Asked on May 13, 2018 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact so that an executor can take whatever measures that they see fit to maintain or even increase the value of estate property. Accordingly, without a written lease, you are subject to a rent increase such as the executor sees fit. In other words, the agreement that you had with your brother is not binding on his girlfriend. Accordingly, in her capacity as executor, she can file for an "unlawful detainer action (i.e. an eviction).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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