Waterville, ME asked in Landlord - Tenant and Probate for Maine

Q: Got a lease 10/1/20 for 1 year and month to month after. Landlord passed 01/21. Haven't heard a peep. He lived in NY.

I went as far as calling the bank, then calling the probate court,, getting the lawyers name, calling and leaving a voicemail and have not heard anything. Reecntly financial troubles arose I had to dip into the saved rent money and now do not have what I would technically owe. I am fearful someone will show up and I won't be as prepared as I should be. The issue is its a duplex and my parents live below. There have been issues with the house, I have documentation from landlord previous to death permitting any needed repairs. I have receipts, and have recently been paying oil and water utilities that were excluded from lease. IDEALLY I would be able to assume the mortgage and skip the entire process. He had medical problems I fear that he left no will and it may get foreclosed on. My wife and I will be fine but my retired parents would be screwed trying to find a new place. What can I do?

Related Topics:
1 Lawyer Answer
Daniel J. Eccher
Daniel J. Eccher
  • Probate Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: You are in a very tenuous situation; you should be looking for a new home for both you and your parents that you can afford. It seems as if you have paid for repairs, but you have not guarantee that you will ever be reimbursed for that. Do you know how much the mortgage payments are? If you are having trouble keeping up with what the rent would have been, you would likely have trouble paying for the mortgage.

I am not sure why you would say that your "retired parents would be screwed trying to find a new place." Many apartment facilities are specifically geared toward seniors (55 plus), and if they have a low income, they may qualify for subsidized housing. Try getting help from your Area Agency on Aging (Spectrum Generations/Muskee Center): https://www.spectrumgenerations.org/

Your parents may also be able to get guidance from the Waterville Housing Authority: https://www.watervillehousing.org/

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.