Kannapolis, NC asked in Civil Litigation for North Carolina

Q: Can i sue the estate of a former renter for unpaid rent and damages?

We had a renter who died. She was a few days from paying rent when she passed so the family asked if they could have another month to gather her stuff and have an estate sale. After having the estate sale they left and refused payment. Also the house was left in horrible shape with lots of damage. Can I sue and if so can I claim the damages as well as the unpaid rent?

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1 Lawyer Answer

A: Yes. You would sue the executor of the estate. Before suing, you file a claim for unpaid rent and damages with the estate (file in the court estate file AND send notice to the personal representative). If the claim is denied, then you have 90 days to sue.

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