If a tenant died owing me 10 months back rent, what are my next steps?

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If a tenant died owing me 10 months back rent, what are my next steps?

He was waiting on a work comp settlement and died the day after recieving the check. I had taken him a statement of what he owed for when to him the day before. What about his stuff no family? He had lung cancer did not feel right evicting.

Asked on November 23, 2011 under Real Estate Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You certainly have a kind heart.  Did he really have no family?  At all?  If that is the case then this could get tricky.  You need to make a claim against his estate and you may have to start an eviction proceeding to obtain a judgement, but you would have to serve the estate to do so.  Generally if there is no family then the Public Administrator is appointed to take care of some one's estate.  A close friend can also try to be appointed but that may not work.  You really can not touch his stuff until it is inventoried by the estate.  Try and see if there is anyone.  Who took care of the funeral?  Good luck.


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