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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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