Q: If my boss also my landlord of 8 years dies and I can't find my rental agreement lease can the deceased heir evict me?
I worked and rented from the deceased 8 years. I was allowed to stay in the rental house in exchange for work or $300. It varied. I was told I could stay as long as I would like. Well, after he died, the son turns my water off without my knowledge. It was in deceased name, but it was furnished. Then he shows up on my doorstep with a 3 day eviction due to non payment of rent. That was the first I had heard. Then I get a summons to go to court for holds after the expiration. I don't know what that is and we have been left in the dark by the son and executor of estate. What are my defenses when I go to court as a tenant of the deceased and can't locate my written agreement.
A:
You can ask them to show you a copy of the lease.
Many leases have a provision that allows termination after some period of time (often a year) and with some amount of notice (often 30 days). Your lease could have been written differently, you could pay the monthly rent and/or show the court prior cashed checks for the amount of monthly rent to show what you have been paying.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
