If my tenant died this morning, how do I get her children out?

UPDATED: Jan 4, 2013

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If my tenant died this morning, how do I get her children out?

Asked on January 4, 2013 under Real Estate Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A tenancy is personal: when the tenant dies, his or her children do not become tenants. If they are adults not on the lease, you can file an eviction action against them as persons not on the lease and therefore not authorized to have possession; you would name the tenant's estate as well as a  party to the eviction action.

If they are minor children they likewise do not have any right to remain there, but it's  more complicated because you can't file the action directly against the minors; you need to file against their legal guardian.

These situations are more complicated than the typical non-payment evictions; you'd be well-advised to let a landlord-tenant attorney help you.

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.

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