The owner of the home we are renting in passed away. What happens now? How long do we have in the home before the lender or courts evict us?

Asked by Sally, Spanos Park, Stockton, CA Sun May 9, 2010

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Bill Eckler, Agent, Venice, FL
Mon May 10, 2010

The death of the owner doesn't necessarily mean their property will be "foreclosed" by the bank.

The normal occurance is the their property will be passed along to their heirs. Someone should shortly be contacting you to make arrangements for your rental payments.
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Rocky G.H. H…, Agent, Ripon, CA
Sun May 9, 2010
Hi Sally,

The wind-up is; there is no easy answer.

You may want to try and find out if the land-lord was married or who might inherit the home. Sooner or later somebody should be in touch. If you’re paying rent by bank deposit or mail you may want to keep on doing what your doing, that is if you want to try an remain in the home. When you finally meet the individual(s) let them know you would like to stay and don't forget to mention what a great tenant you are. In the mean time (just to be safe) you may want to start looking around for a place to land if it should become necessary to move.

Let us know if you have any other questions.

Best regards,

Rocky G.H. Hawrysz
Prudential California Realty
(209) 444-6610
License # 01468373
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Linda Slocum,…, , Santa Clarita, CA
Sun May 9, 2010
My first question to you would be to find out the type of lease you have.

If you have a month-to-month lease, then whoever administers the estate does not have to let you stay in the house, but they do have to give you some notice as to the termination of the rental agreement and some time to move. If you have a longer term lease, then they would have to either honor that lease term or buy you out of it.

Either way, you'll need to be in contact with a representative of the estate to find out what their plans are. It's not likely that the lender or the courts will contact you unless the property is in foreclosure as well. The family or a designated representative will be responsible for handling the details of the estate, including collecting rent and maintaining the property.
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Scott Godzyk, Agent, Manchester, NH
Sun May 9, 2010
You can not just get evicted or thrown out. First variable is who teh house was left to, if it is their children, an estate, etc... You will want to read your lease or rental agreement. See if it is bound on heirs and successors? In the near future you probabily will be contacted by who ever is representing the estate, the attorney, the executor etc, they will instruct you on paying future rent as well as emergency contact information. depending if they want you to stay or will be selling the home, you may want to meet with a local attorney at least for the first free meeting to get some direction. good luck with working things out
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Jim Lay, , Stockton, CA
Sun May 9, 2010

Most leases have a clause for successors or assigns in them for this type of event, check out your lease. If the owner has any family, it is likely that ownership will pass to them. You might try contacting them to determine what their plans are for the home and to discuss your options are with them. If you would like more assistance with this, please feel free to contact me directly (Website link provided).

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