Q: Can someone that is not the owner but is conservator/guardian of my grandmother, adjust and obtain rent of property.
In October my grandmother's oldest daughter was given conservator/guardianship over her. She placed my grandmother in an assisted living facility in Pender, NE. On October 21st she approached me with a month to month lease claiming herself as the landlord. In the lease it states she would follow landlord/tenant law, she did not do so as there have been several instances where she would be in my home without any sort of notification. I have been unemployed for most of the year which caused me to not have the funds to pay the rent she decided to put in place, she stated we'd work something out and not to worry. I was just served papers on 5/15 for her taking me to court for past due rent. I've been told by several people that she cannot request rent on property she does not own, that she only manages what assets my grandmother has. Is it true that she cant obtain rent like she has been?
A: When there is a lease and payments not being paid pursuant to the lease, the guardian/conservator often has a legal duty to pursue unpaid rents pursuant to the lease terms for the ward's property. The rents would go to the ward's estate and not to the conservator herself even though the conservator is collecting and managing the funds.
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