If there is no lease or rental agreement, who can collect rent and/or evict an occupant of a residence that’s in probate?

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If there is no lease or rental agreement, who can collect rent and/or evict an occupant of a residence that’s in probate?

Living in my deceased grandfather’s house; I moved in after I got out of the army. My aunt is in charge of my grandfather’s estate and it is in probate. No lease or rental agreement was ever signed and paying rent was never discussed when I moved in. I have paid for repairs on the house, as well as property tax. She came to me for rent and I told her that I would not pay it. She has given me a 7-day eviction notice for failure to pay rent. Is this legal?

Asked on July 2, 2012 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

While the estate if being probated, the executor of the will--which appears to be your aunt--operates as the landlord. She has the right to collect rent on behalf of the estate--the money goes to the estate--and to evict for good grounds, including nonpayment or, since there is no written lease, on 30 days notice.


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