Q: rights of survivor -ship deed, and tenant rights after one owner dies
if a home is owned in a rights of survivor ship fashion by parent and 1 child,then parent dies, leaving the property to survivor on deed:
does the surviving owner have to abide by a tenant/ landlord verbal agreement made by the parent owner that died? can the surviving owner force the tenant out? are there tenants rights in this instance? the parent put the home in a rights to survivor ship deed with 1 child, made a lease agreement with another child to live in home in exchange for care-taking home, and expressed desire for the child living in home to stay living in home after the parents death. the child, survivor ship of home did not want the agreement after parents death, wants to evict the sibling/tenant. as it`s not a new owner technically inheriting an existing lease, it`s an existing owner changing lease after the death of one of the owners..strictly landlord/tenant speaking~(not probate on the deceased's intent). does the tenant have any `tenants` rights in this?
A:
Both the inheriting person and the tenant have rights. If the apartment is not being rented at market rent, there is good possibility you be able to evict your sibling. If you are planning to occupy the space, you have additional rights.
Some agreements may not be enforceable. You really should talk with a landlord tenant attorney to go over your rights and options.
If your parent wanted your sibling to live there for free after they passed they would have left the property to them.
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