Deland, FL asked in Landlord - Tenant, Probate and Real Estate Law for Florida

Q: what should I do I am in dispute between two co-owners of a property in a probate and I am a tenant

i was taking care of elderly man he passed away i am paying rent without a lease the property is in probate. I am paying rent to the elderly mans daughter and the other dispute is with his deceased wife children. Due to me being a tenant and paying rent to one party I am getting pressure from the other party to start paying rent to them I am caught up between two disputing parties on the monthly rent I am paying for to pay them and I am worried about contentions and retaliation towards me. And now one side wants me to sign a lease agreement the side I have not paid rent to bc in the will the property suppose to go to the elderly man deceased wife's children I would like to know my rights if i don't side with them can they kick me out I been staying here for 18 months with no lease agreement need help asap I live in avon park florida I am worried due to there dispute I will be forced to move out and don't know what to do

3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: I advise you to move. Give each party 15 days notice in writing or longer, before the next month's rent is due.

Bruce Alexander Minnick agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If you don't have a lease, you can be evicted on a 15-day notice. Unless whoever wants you to sign a lease has been appointed personal representative, such lease would not hold up, should that party loose the probate contest.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: If you really want to stay in the property for awhile longer, try getting involved in the probate action as an interested person; you have some (thin) property rights that the Probate Judge might recognize and help you stay there until the probate action is complete. The Judge will also tell you who to pay rent to: you might have to deposit the rent in the probate action.

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