Tenant Probate (by Josh [TN]) Nov 5, 2008 8:33 AM|
Tenant Probate (by Josh [TN]) Nov 5, 2008 8:47 AM
Tenant Probate (by Rusty [MD]) Nov 5, 2008 9:34 AM
Tenant Probate (by Josh [CA]) Nov 5, 2008 12:43 PM
Tenant Probate (by Josh [TN]) Posted on: Nov 5, 2008 8:33 AM
State Specific Question About: TENNESSEE (TN)
I have a tenant who has rented from me for about 13 months. She just resigned a new 12 month lease last month. The entire time she has lived in my unit she has been suffering from emphysema and has had a caretaker living in the unit with her. She was on the lease but he was not, she stated that he was her caretaker and that she needed him there to take care of him but she did not want him on the lease, I obliged and did not put him on the lease. I have had no problems with them for the past 13 months, rent paid on time every month. The caretaker called me last week and stated that the tenant has died and that he would like to stay in the unit himself and sign a lease, he also paid the rent for the next 2 months while her estate is being settled. According to him her son is the executor of her estate and is having conflicts with the caretaker being in the unit while her estate is being settled. I would like to rent the unit to the caretaker but not until her estate is settled and closed. I just need some information on where I stand legally as far as the caretaker being in the home. Do I need to make him leave until the estate is settled even though he has paid the rent for the next 2 months and has lived with her for the past 13 months? Supposedly probate has been opened up and they are going to be coming to the unit next week to inventory her items. Any advice is much appreciated. I have never had a tenant death before and am unsure where I legally stand as far as her estate goes. Thanks in advance. --67.33.xx.xxx
Tenant Probate (by Josh [TN]) Posted on: Nov 5, 2008 8:47 AM
Let me add the tenant's children have known the entire time that the caretaker has been living in the unit taking care of their mother. I have also sent a letter to the son of the tenant, supposedly the executor of the estate, and I plan on talking to him on Friday the 7th. I just would like to know where I stand legally on someone being in the unit while the estate is being settled.
Tenant Probate (by Rusty [MD]) Posted on: Nov 5, 2008 9:34 AM
Don't know about Tn law but in Md the estate is responsible for fullfilling the lease. Having said that, I would ask the exector of the will if he wishes to pay the rest of the lease or will he sign a release allowing you to rerent. You could word the offer so that you keep the sec dept if you are so inclined.
I assume that the caretaker is a good prospect & has another job already. --71.166.xx.xxx
Tenant Probate (by Josh [CA]) Posted on: Nov 5, 2008 12:43 PM
The care taker needs to fill out a application just like any tenant. I strongly suggest you do this and see if the care taker qualifies. It maybe the case that the care taker has no job now and no income. Do you want to
give the care taker a free ride? Be careful. --71.108.xx.xxx