Fresno, CA asked in Real Estate Law and Probate for California

Q: how can an administrator get back rent from me when I have never had to paid rent for last 11yrs I have lived here.

my sister is the administrator of our mom's estate. a duplex I live in one unit my mom lived in the other it was never used as a rental property. my sister wants to charge me for the last 3years since my mom died. she wants to deduct the back rent from the money i would get from the sale of the property and give me the rest to bye my share and she will keep the duplex. she never had a problem with me not paying rent up intell she wanted to bye me out.

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1 Lawyer Answer
Bill Sweeney
Bill Sweeney
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: As a general rule when third parties are improperly occupying estate property, the Courts have allowed these persons to be charged monthly use and occupancy, which is like rent. It has been generally recognized that a person occupying estate premises will have to pay a monthly charge for failing to timely vacate.

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