Houston, TX asked in Landlord - Tenant for Texas

Q: someone dies has a person in the house he let rent a room met at casino now the person locked the house up wont even let

someone dies has a person in the house he let rent a room met at casino now the person locked the house up wont even let daughter in he eviticed before he died California

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: When the owner of a house dies, a tenant residing in that house is not required to allow relatives or friends of the deceased owner to enter the house.

Typically, the person named in the deceased owner's Will as the executor of his estate would file an application to probate the decedent's will in a probate court and be issued letters testamentary. At that point, the executor can gain access to the house occupied by the tenant and would be in position to collect rent owed or to terminate the lease.

If the decedent did not have a Will, one of his heirs at law would file an application for an intestate (that means without a Will) administration in a probate court and be issued letters of administration. At that point, the independent administrator of the estate would be in the same position as an executor.

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