Q: Do I still owe rent and be evicted for late payment by a master tenant if I end up inheriting the property?
I was a sublessee owing rent to a master tenant in a property owned by my late great uncle.
Following my great uncle's death, I began falling short on payments and was served an eviction notice by the MT. However, I was later informed that I had become the sole beneficiary of my late uncle's estate and began the process to formalise my ownership of his various properties.
I informed the MT of my change in circumstances and tried to work out an arrangement with him. I would no longer pay rent on the property I was living in but will make up for the late payments and monthly collections by giving him a higher cut of what he initially used to split with my great uncle. However, once his lease expires, I informed him that it will not be renewed.
MT did not take too kindly to my terms, insists on proceeding with the eviction and refuses to accept my claim to the estate saying that he rather take me to court.
Does he have a case to be made and if so, what can I do about it?
A: If you own the property by Intestate Succession, then hire a competent attorney to represent you. Do not know what a master tenant is. You definitely need to record an Affidavit of Heirship as your source of title. Lawyer needs to search title and draft the Affidavit. At Detainer Court you tell Judge you are the owner and here is a certified copy of the recorded AH. Probably need to file your own Detainer to remove other occupants.
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