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  1. #1
    Join Date
    Jul 2010
    Location
    Texas
    Posts
    3

    Default Rights of Deceased Tenant's Corporation

    My question involves landlord-tenant law in the State of: Texas
    Facts: Tenant died on May 26, 2010 (Interstate, no known heirs); Landlord was notified on May 26, 2010 of the death of tenant; Rent was due on June 1, 2010; Landlord was told by the detective handling the death of tenant to hand over all personal property to me; numerous attempts made by me to remove personal property from May 27, 2010 – July 24, 2010 to no avail. Eviction filed (date unknown); eviction court was on July 9, 2010: Judgment in favor of landlord for one month rent. Tenant’s personal property placed on front yard on July 23, 2010; the moment constable left, friends of landlord removed several items in pickups and landlord place the rest of items back in the house. Another attempt on July 23, 2010 was made to gather tenant’s personal items to no avail. Situation was explained to City police and Constable on July 23, 2010, which fell on deaf ears. Landlord removed items in the house on July 24, 2010 with U-haul, and stated to the neighbor that the items will be sold in a yard sell; Landlord would give the neighbor deals at a later time.

    Tenant: Counsel Chairman for American Indian Religious Rights Foundation (AIRR) (Non-Profit Organization)

    Who I am: I am the Directors of AIRR; I am also POD on tenant’s bank account

    All personal property of tenant’s was bought using AIRR funds; Rent was paid also using AIRR funds; I have two current rent receipts stating: “tenant’s name AIRR”. Have requested copy of lease to Landlord, but she refuses to give me one. I have all receipts/transactions for property. I have been able to gets tenant’s papers (July 23, 2010), but cannot find a lease (written lease for one (1) year) in them.

    Landlord gave a bogus fax number to their attorney; and was just given a first name, no surname.

    Questioned JP about personal property of tenant and was told it wasn’t his concern (July 9, 2010).

    My beliefs: Landlord with held tenant’s death; did not go through the legal steps for eviction suit. Landlord has stolen personal property of deceased tenant.

    My Question: Do I have any legal recourse against the landlord? If so: what is it that I need to do?

    I personally don’t have funds for an attorney; AIRR doesn’t have the funds either; I cannot access the tenant’s account until I have the death certificate, which I am having trouble with another JP allowing me to cremate the body, since I am not next of Kin. That is a totally different problem in its self.

    I understand that this situation is a bit different; therefore I do pray that someone can at least shed some light on what legal action I have to solve this problem. ~Thank you~

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Rights of Deceased Tenant's Corporation

    You appear to be stating that the tenant registered his corporate address as that of his apartment. That alone would not give anybody associated with the corporation any special privilege to use or access his residence.

    It's not uncommon for people to loot items that are removed from an apartment after the tenant is evicted. It's a shame his friends and family were not able to either remove his items in advance, or be there to safeguard and remove them after the eviction. I don't know why you weren't able to collect the items, or to be present at the time the court officer(s) effected the eviction.

    It sounds rather questionable, that the sole purpose of this corporation and the sole use of its funds appear to be for the personal benefit of its owner.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Rights of Deceased Tenant's Corporation

    if this was the residence of the decedent and not leased to the business, you would have no standing to do anything. Next of kin, or executor or administrator of the estate needs to be dealing with this. Due to your lack of standing and apparently no contact from the next of kin or exec or admin of the estate, LL is disposing of the property.

    have you considered filing as admin of the estate?

  4. #4
    Join Date
    Jul 2010
    Location
    Texas
    Posts
    3

    Default Re: Rights of Deceased Tenant's Corporation

    Quote Quoting Mr. Knowitall
    View Post
    You appear to be stating that the tenant registered his corporate address as that of his apartment. That alone would not give anybody associated with the corporation any special privilege to use or access his residence.

    It's not uncommon for people to loot items that are removed from an apartment after the tenant is evicted. It's a shame his friends and family were not able to either remove his items in advance, or be there to safeguard and remove them after the eviction. I don't know why you weren't able to collect the items, or to be present at the time the court officer(s) effected the eviction.

    It sounds rather questionable, that the sole purpose of this corporation and the sole use of its funds appear to be for the personal benefit of its owner.
    Thank you Mr. Knowitall for your reply.
    The situation behind why the tenant used the funds was because he was released from prison in Nov 09 after 23-yrs. My residences is listed for AIRR until the tenant had set up a residence and could take over AIRR. The funds were given from overseas supporters to AIRR to assist the tenant in getting a place to live and to restart AIRR.

    I was his only real friend in the area; he paroled to me, but I live 15 miles from the residence. I was lucky in the fact that his neighbor called me to let me know that the landlord was placing the items on the front lawn.

    The sole purpose of the Organization is to fight for the religious rights of incarcerated Native Americans. However, AIRR has been closed for a little over two years due to the tenant going through the parole process. As I stated above, the funds were given from overseas supporters to AIRR to assist the tenant in getting a place to live and to restart AIRR.

    Quote Quoting jk
    View Post
    if this was the residence of the decedent and not leased to the business, you would have no standing to do anything. Next of kin, or executor or administrator of the estate needs to be dealing with this. Due to your lack of standing and apparently no contact from the next of kin or exec or admin of the estate, LL is disposing of the property.

    have you considered filing as admin of the estate?
    Thank you JK for your reply.
    There is no next of kin, or executor or administrator of the estate. Becoming the admin of the estate is not an option for me at this time and there is no one else to do it.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Rights of Deceased Tenant's Corporation

    Quote Quoting airrdirector
    View Post

    Thank you JK for your reply.
    There is no next of kin, or executor or administrator of the estate. Becoming the admin of the estate is not an option for me at this time and there is no one else to do it.

    then I guess you have to watch from the outside. You have no standing to do anything concerning his estate.

    It would appear you can get a informational copy of the death certificate but not an authorized copy. Both are certified. Don't know if that would be acceptable to the bank or not.

    http://www.cdph.ca.gov/certlic/birth...ionalCopy.aspx

    as to the treatment of the body; out of your hands. The laws of the state will control

    as to his property, anything to do with his tenancy, or any other legal matters: you do not have the authority to do anything about them.

  6. #6
    Join Date
    Jul 2010
    Location
    Texas
    Posts
    3

    Default Re: Rights of Deceased Tenant's Corporation

    Quote Quoting jk
    View Post
    then I guess you have to watch from the outside. You have no standing to do anything concerning his estate.

    It would appear you can get a informational copy of the death certificate but not an authorized copy. Both are certified. Don't know if that would be acceptable to the bank or not.

    http://www.cdph.ca.gov/certlic/birth...ionalCopy.aspx

    as to the treatment of the body; out of your hands. The laws of the state will control

    as to his property, anything to do with his tenancy, or any other legal matters: you do not have the authority to do anything about them.
    Thank you JK for your reply.

    If I may; here is the deal about the body. I have been given authority to dispose of the body; however, the JP says that I can't cremate, but can do a ground bural. My friend is/was Native American and in order for me to take care of him in the traditional Native way, he has to be cremated for the Holy Road Ceremony at Mt Scott in Oklahoma.

    (under Tex. Health & Safety Code § 711.002 (f)) I have offered an affidavit, however, the JP won't sign off on the cremation for fear of next of kin coming back on him.

    All local and state resources have been exhausted in search of next of kin; he wasn't married, and has no children; both parents and grandparents are deceased, and he had no siblings.

    I have been working with a local funeral home and everything is in order. The death certificate hasn't been file due to waiting on the disposing of the body. I am getting a letter from the tribal counsel for the cremation. The funeral home director has spoke with the bank and they will accept a "pending death certificate. The reason the death certificate will be pending is we are waiting for the toxicology report to come back. But the bank doesn't need to know that medical part of the death certificate just the fact that the man is deceased.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Rights of Deceased Tenant's Corporation

    death cert waiting on disposition of the body? I'm going to have to look for that. When I have dealt with a deceased person, I have often had access to death certs before they were often buried or dealt with. Maybe Texas is greatly different in that manner.


    (under Tex. Health & Safety Code § 711.002 (f)) I have offered an affidavit, however, the JP won't sign off on the cremation for fear of next of kin coming back on him.
    unless there is something such as this:

    (1) the person designated in a written instrument signed by the decedent;
    I see nothing that would give you permission at all to direct the disposal of the body.

    If there is some such directive, that is #1 on the list of order of priority.


    I suggest you might have better success if the tribal counsel could step in. They bear a relationship that our governments have a very difficult time ignoring. Especially since there is no apparent relatives, they are as close to kin as one will find. As such, maybe they can claim the rights of kin due to the tribal relationship.


    '

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