Re: Tenant Has Passed Away the First Week of Lease
I am not having to evict the deceased person, since the deceased person cannot pay rent, and cannot fulfill their obligations to her lease, like having utilities on, and having the backyard mowed every two weeks I have terminated the lease because deceased has defaulted on our lease agreement. So that takes care of the lease part.
actually, you cannot unilaterally terminate a lease. The actions, or actually lack of allowed you to issue a cure or quit notice and if not cured, you would then have the right to initiate eviction proceedings and then we are right back to evicting the estate issue.
If nobody argues about your action, then you win but if something happens, you now have an illegal eviction.
cconcerning an estate is going to change the issue. I haven't looked but most stated require certain actions be taken before you can take the property as well.
As far as the items goes Ga has a 30 day abandonment law, items on my property are mine after 30 days if no one with a legal right to them claims them.
good luck with that. I surely wouldn't want to be you if anybody with a right challenges your actions in the future.
So that is going to allow me to do what I want with her items.
all I can say is:
So the combination of a defaulted lease and 30 day abandonment law covers me to do what I want.
Didn't think about the fact that because she is deceased she has defaulted on the terms of the lease we agreed to but she obviously cannot meet those terms now.
good luck. I hope it works out well for you.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.