If my tenant died this morning, how do I get her children out?

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If my tenant died this morning, how do I get her children out?

Asked on January 4, 2013 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A tenancy is personal: when the tenant dies, his or her children do not become tenants. If they are adults not on the lease, you can file an eviction action against them as persons not on the lease and therefore not authorized to have possession; you would name the tenant's estate as well as a  party to the eviction action.

If they are minor children they likewise do not have any right to remain there, but it's  more complicated because you can't file the action directly against the minors; you need to file against their legal guardian.

These situations are more complicated than the typical non-payment evictions; you'd be well-advised to let a landlord-tenant attorney help you.


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