If a home is in probate and the deceased owner had a roommate with a lease, what grounds can be used to evict the tenant?

UPDATED: Mar 21, 2012

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If a home is in probate and the deceased owner had a roommate with a lease, what grounds can be used to evict the tenant?

A father was just appointed as personal rep for his deceased son’s estate. He wants to evict the roommate his son shared his home with for 2+ years,(finding a new renter would yield a much higher rent than the roommate is currently paying their per the rental agreement). Any ideas for grounds that could be used to evict a tenant who has complied with all the terms of their lease if it doesn’t end for another 7 months? They want to handle the eviction themselves because they already informed the probate attorney of their intentions to let the bank foreclose on the home (it is very upside down).

Asked on March 21, 2012 under Estate Planning, Florida


Melissa Dacunha

Answered 10 years ago | Contributor

In the state of Florida, most contracts are null and void if the person passes away withing the contract period. Please, check the lease agreement for cancelation rights. Once you have fully reviewed the lease agreement and made sure that the content is withing the contract, you can start the eviction process.

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