Q: landlord died shared property her benificiary is trying to lock me out of property is that legal
she died 4 days ago we found out after returning from families house 2 days ago. the house we rent is on the same land as her home. her benificiary is trying to lock us out of our stuff in 2 days until probate is over. can he keep me from my home and belonings? we are willing to move but need more time than the 2 days he is giving us.
A: First, no one has the legal right to act on the deceased's behalf unless and until a probate is filed and a court has appointed them to be Personal Representative of the estate. Then they still have to comply with normal landlord-tenant law. So is highly doubtful that beneficiary has any legal right to say or do anything on behalf of the deceased. Then it depends upon what sort of tenancy you have. If it is a term lease, they can't remove you before the end of the lease term as long as you don't breach your obligations. If you are on a month to month tenancy, then they have to give you properly worded, properly served written notice that they are terminating your tenancy and gives you at least 30 days before terminating it if you have lived there less than a year or at least 60 days notice if you have been there more than a year. If they persist in trying, review everything with a local landlord-tenant attorney.
Mr. Michael O. Stevens agrees with this answer
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