Legal Question in Landlord & Tenant Law in Florida

What happens if a landlord dies and the kids are trying to evict me for late rent payments


Asked on 1/26/13, 9:21 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The owner of the property retains the rights to evict. Not sure who that is if your "landlord" has died. Who are you paying? You need to clarify that situation first. In addition, obviously, you still are responsible and if you dont know who to pay, you need to clarify that. His children may be the owners, but you need to make sure of that. Were they on the deed? Have or will they get the property through probate? Is probate in control and do the funds get paid to the probate Estate? Figure out who is the correct party and pay them. The correct party can certainly evict for non payment or late payments pursuant to your lease.

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Answered on 1/27/13, 5:46 am
Lucreita Becude Lucreita D. Becude, P.A.

Mr. Stein is correct. You might want to check the county court house where the individual died and see if a Probate file has been started. If so, see who the attorney is and explain that you are the tenant - you will more than likely need to pay the rent to the estate attorney (get receipt)

If I can be of assistance, please contact my office for an appointment 904-997-1031

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Answered on 1/28/13, 5:02 am


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