If we rent a place and the leaseholder dies, can the landlord evict us even if we’re listed as occupants?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we rent a place and the leaseholder dies, can the landlord evict us even if we’re listed as occupants?

We were in a car accident and the person that leased the house died. The lease lists him and 3 occupants. The landlord says we weren’t tenants. What should we do?

Asked on November 28, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Was the person who passed away for all intents and purposes your landlord where there was a sub-lease with him and you? If so, is there a written agreement for this sub-lease naming you? If so, did the owner of the property know about the sub-lease arrangement before the person in whose name the lease is in passed away?

Is there a term still left on the lease with the person that died? If the answer is "yes" to any of the above questions, you are either known sub-tenants of the premises and are allowed to remain so, long as you are current on your rent, or you can get an assignment of the lease from a representative of the deceased master tenant to remain.

I suggest that you consult with a landlord tenant attorney to further assist you concerning your situation.


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