What to do if a tenant refuses to pay me because he made the rental agreement with my husband who is in the hospital?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if a tenant refuses to pay me because he made the rental agreement with my husband who is in the hospital?

My husband is in the hospital unable to talk or make any movement. Now I have bills to pay and we have tenants; 1 of them refuses to pay me or talk to me because I am not in the agreement and also the rental is not in my name (I do not know how he knows that) but my husband bought the house after we got married. I have never worried about any house or money matters but now he is in the hospital and I have to deal with this. My understanding is that it’s marital property anyway and I’m his wife. What can I do to make him pay or to leave the house? Do I have any rights as a wife?

Asked on November 22, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your tenant refuses to pay the rent to you because you are not named on the lease that your husband signed as the landlord, I would serve the tenant a three day notice to pay or quit immediately. You are the wife of the landlord, have a presumed ownership in the rental and are acting as the designated landlord's agent even though technically you are also the landlord.

If rent is not paid in the three day time period, I would then file an unlawful detainer action against the tenant. I suspect that the tenant is taking advantage of you and the situation you are in. I would also consult with a landlord tenant attorney as well.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption