If a house is in probate court, who has the right to evict the tennants?

UPDATED: Sep 30, 2022

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If a house is in probate court, who has the right to evict the tennants?

I moved into a house that I was made to believe was owned by the so called landlord, and it was mistakenly made aware to me that the home is actually currently in probate court.
I have made a late payment this month, the first since moving in, and my partial payment was returned to me with the ultimatum ‘to pay in full within 7 days, or eviction process will be started.
I have a ‘so called’ rental agreement that states in one paragraph that any late rents must be paid in full by the first of the next month, but in a later paragraph it states the 7 day time limit. So which one is enforceable, and, can the sister of the ‘landlord’ force the writ of possession?

Asked on February 19, 2017 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) The personal representative of the estate (the executor, if there was a will; the court appointed administrator, if no will) has authority over the estate while it is in probate and can evict a tenant for nonpayment. You need to find out who is the personal representative. Ask the sister, and if she says she is, ask to get a copy of the court order appointing her; if she doesn't know or won't tell you, try contacting the clerk of the probate court.
2) If there are two rental agreements (leases) and both are signed, then generally the later of the two will be in effect and enforceable; to oversimplify, later agreements supercede earlier ones.

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