Q: I NEED ADVICE I LIVED IN A RESIDENCE W/ HOMEOWNER SINCE 2012 SADLY THE OWNER/ passed in feb I was served unlawful detain
I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice for Me to leave prior to filing unlawful detainer what are my rights how should I repnd
A: There is no notice required in an unlawful detainer action. As soon as the homeowner passed away, you had no legal right to remain in the house. You've lived rent free for 4-5 months. Pack up your stuff and leave, because you have no apparent legal defenses based on your post.
A: You do not have any legal rights to the decedent’s property just because he let you stay there rent free for 12 years. However if he left you something in his will, you would have inheritance rights. Your status as of now would be as a de facto tenant at will. The personal representative of the decedent’s estate must first serve you a 30 day notice followed by an unlawful detainer action if he so decides.
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