Can an apartment complex file an eviction on a deceased resident who died in the hospital and not in the apartment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an apartment complex file an eviction on a deceased resident who died in the hospital and not in the apartment?
The deceased did not have a living Will. ow can the family get the property in the apartment after the complex has changed to locks?
Asked on September 13, 2013 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, a deceased tenant may be evicted if he or she gave the landlord grounds to do so, such as nonpayment of rent (including non-payment after she was already in the hospital, or even deceased), violating the lease, etc.
If the family has the appropriate paperwork (e.g. letters testamentary), to show the landlord, they should be able to get access to the person's belongings.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, a deceased tenant may be evicted if he or she gave the landlord grounds to do so, such as nonpayment of rent (including non-payment after she was already in the hospital, or even deceased), violating the lease, etc.
If the family has the appropriate paperwork (e.g. letters testamentary), to show the landlord, they should be able to get access to the person's belongings.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.