If we rent a place and the leaseholder dies, can the landlord evict us even if we’re listed as occupants?
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If we rent a place and the leaseholder dies, can the landlord evict us even if we’re listed as occupants?
We were in a car accident and the person that leased the house died. The lease lists him and 3 occupants. The landlord says we weren’t tenants. What should we do?
Asked on November 28, 2011 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. Was the person who passed away for all intents and purposes your landlord where there was a sub-lease with him and you? If so, is there a written agreement for this sub-lease naming you? If so, did the owner of the property know about the sub-lease arrangement before the person in whose name the lease is in passed away?
Is there a term still left on the lease with the person that died? If the answer is "yes" to any of the above questions, you are either known sub-tenants of the premises and are allowed to remain so, long as you are current on your rent, or you can get an assignment of the lease from a representative of the deceased master tenant to remain.
I suggest that you consult with a landlord tenant attorney to further assist you concerning your situation.
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