My question involves landlord-tenant law in the State of: GA
So I'm a new landlord of a house I own, my tenant passed away at another residence while completing the move in to my property. Items were moved into my house, utilities were removed from my name, lease agreement signed, security deposit and 1 months rent was given to me per my lease agreement. She did not die on my property and we literally signed the lease 3-4 days before she passed away.
No blood relatives are remaining for the tenant, An Ex husband and the daughter of the ex husband are the only ones claiming to have anything to do with the tenant.The daughter is not the daughter of the tenant. This just happened so they are not executors of her estate seems there is no named executors of her estate which complicates things and will draw things out longer.
Somehow the Ex husband got keys to the property and are looking through her items for a will. I'm not happy about that as this will cause a lot of problems. Yes he may end up being executor but as of now I see him as a trespasser, but if there is no other heirs do I have any liability for her items and the fact the ex husband now has access to her stuff? Still trying to find out how he got a key.
Do I change the locks now?
I've contacted the local medical office and they gave him the right to cremate and bury the body but nothing in their documents say he has a right to go through her items.
Now assuming he does become executor of her estate it might take a month or more for that to play out.
What rights do I have to some type of rent during this time from the estate? This assumes her items are held in the house.
When can I legally remove her items from my property so I can get it back on the market to rent out?
Who if anyone gets the security deposit?
If no executor is named what happens then?
I'm pretty disappointed in this scenario as my tenant was a very nice lady but I'm totally unsure what to do next.
The Ex Husband is the only one contacting me about her items and he seemed reasonable and wants to work out getting the executor status so the items can be moved. Is it in my best interest to work with him or do I just not speak with him and let lawyers and authorities handle it?
Right now my real estate agent is getting other legal help but I thought I'd get some advice before hand. What a way to become a landlord huh?
So as a landlord my main goal is to get the items out of the house and get the house back on the rental market asap so I'm not paying two mortgages.
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Anyone got any idea where I even need to start off with?
It looks like I have to go to court to terminate the lease, even though the person is deceased it seems my tenant is now the "Estate" of deceased person.
I'm confused about my options on getting the stuff removed and re renting my house.
If my tenant is the Estate of deceased but there is no executor yet, what am I supposed to do? It can take months for an executor to be appointed to the estate and if my property has to sit there and I'm paying double mortgage it will screw me up financially.
Looks like all the laws are geared toward protecting the tenant and as a landlord in situations like this I'm either out court fee's, time or am dealing with double mortgages.
There has to be something I can do to terminate the lease, legally remove the items from the house and get my house back on the market without costing me thousands of dollars and months of time.