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What should a tenant to with the rent money when the landlord passes on?
Wiki User
∙ 13y ago
If a landlord dies then the property becomes part of that landlord's estate until it is settled, normally by a Will administrator. You should still make your checks payable to the landlord and pay your rent on time. The landlord's administrator will give you further instructions if they change. It could take about a year for this to happen. When a person dies and has a sizable estate, typically of over $100,000, the estate gets into probate, a judicial process by which a will is administered after an ample period of time that is given to creditors to file a claim against the estate and for the administrator to dispute such claims if necessary.
Eventually the property is sold or given to an individual. If you are still there as a tenant, instructions will be given for you to make payments to that particular landlord.
Alternatively you can hold the money in escrow, but do not spend it.
Wiki User
∙ 13y ago
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Can a landlord file a claim if the tenant dies owing rent?
I'm no lawyer but... The estate of the deceased tenant should pay any debts before disbursing the money to beneficiaries. The landlord should file a claim against the estate.
Is it a legal requirement for a landlord and tenant to have a contract?
I know of no state that requires a written agreement. If a tenant pays money, and a landlord lets them in, that's an agreement.
What if landlord does not accept payment and falsely accuses tenant of an issue?
Save the money in an escrow account and let the landlord take the tenant to court. This can be explained to the Judge
Can a landlord have a bank account frozen when a tenant vacates the property and owes money?
No a landlord can not have a bank account frozen. The landlord must file a suit in court to get back any money owed to them.
Can a landlord force you to sign a lease by withholding your rent receipts a year after moving into a place?
If the tenant is paying in cash, they should not give the landlord a dime with getting a reciept immediately. If the landlord will not give receipts, pay with check or money order.
Tenant files for chapter7 bankruptcy?
When a tenant files for bankruptcy, this will apply to any money tenant owes. In the case of rents, which is not a form of credit, you still must pay to landlord your rent or face the probability of eviction. If you owe your landlord back rent and declare bankruptcy, then you can include this back rent as part of your debt. Back rent is considered a form of credit, because you owe this money to your landlord and he has continued to grant you the right to stay there. It should be noted that whenever a landlord commences eviction proceedings against a tenant, it is never on the grounds of owing back rent. Your landlord's claims against you in small claims court covers that issue.
Is it required that a landlord give the renters money back after one day of leasing?
It completely depends on the situation. Was the lease broken by the tenant or the landlord?
When a tenant skips town leaving belongings and unpaid rent?
In most states if there is evidence of abandonment of the property by the tenant, the landlord can reclaim the property without going to court. If the tenant owes money the landlord can sue in absentia (must use tenant's last known address) for unpaid money and damages if applicable. If he leaves personal belongings you can dispose of them as you see fit.
Does a landlord need to give a tenant a 1099?
A 1099 is a miscellaneous income tax form. Unless the tenant was an employee of the landlord, there would never be a need for a tax form.
Can a landlord be sued for locking out a tenant that is not on a lease?
Yes. But, you used the word 'tenant'. If some kind of tenancy has been established, then the landlord cannot lock the tenant out. Signing a lease is not the only way to establish a tenancy. Simply accepting rent money makes the payer a tenant, if it is clearly in exchange for use of the premises. So, if he is a tenant, no. If he is merely an 'occupant', or guest of the tenant, probably.
Can a landlord in South Carolina evict a tenant if she has not gotten any money from a real estate agent in more than 3 years?
If the tenant is following the instructions given on a lease, or is following any written instructions on how, where, and when to pay the rent, and is doing so on a timely basis, then there is no reason the landlord can evict them. If the landlord has contracted a real estate agent to collect the rent on their behalf, and the tenant is paying the real estate agent in accordance to the instructions on the lease, then the tenant is not responsible for any rent the real estate agent has not paid the landlord. Otherwise, the basic rule is that the tenant must pay the landlord the rent every month, and is responsible to see that the landlord is paid in accordance to the terms on the lease.
How does a tenant evict another tenant?
In order to evict a commercial tenant, they have to had broke a rule in the contract. If they have done that, the owner has to file for eviction in legal court, from there they will receive their notice to leave.
