If a home is in probate and the deceased owner had a roommate with a lease, what grounds can be used to evict the tenant?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a home is in probate and the deceased owner had a roommate with a lease, what grounds can be used to evict the tenant?

A father was just appointed as personal rep for his deceased son’s estate. He wants to evict the roommate his son shared his home with for 2+ years,(finding a new renter would yield a much higher rent than the roommate is currently paying their per the rental agreement). Any ideas for grounds that could be used to evict a tenant who has complied with all the terms of their lease if it doesn’t end for another 7 months? They want to handle the eviction themselves because they already informed the probate attorney of their intentions to let the bank foreclose on the home (it is very upside down).

Asked on March 21, 2012 under Estate Planning, Florida

Answers:

Melissa Dacunha

Answered 9 years ago | Contributor

In the state of Florida, most contracts are null and void if the person passes away withing the contract period. Please, check the lease agreement for cancelation rights. Once you have fully reviewed the lease agreement and made sure that the content is withing the contract, you can start the eviction process.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption