A relative died and made me personal representative of his estate how do i evict the people he had living with him &paying rent.

Asked almost 2 years ago - Elma, WA

We need to probate the will and sell the house.
thank you

Additional information

they did not have a written agreement it was until they could find their own place to move into.

Attorney answers (4)

  1. Matthew Erik Johnson

    Contributor Level 17

    6

    Lawyers agree

    Answered . In additional to Mr. Frederick's correct advise. You cannot evict a tenant who has an active lease. Even though the landlord may have died, his estate is still bound by the contract. You cannot evict them until they cease to pay rents, have damaged the property to an extreme level, or the lease runs out.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more
  2. Richard Paul Patrick

    Contributor Level 13

    3

    Lawyers agree

    Answered . After you have been appointed PR by the court, then you can evict them, as long as you follow the proper procedure. If you are going to evict them, let them know now so they can have as much notice as possible...perhaps they will simply leave if you ask them to. You would be surprised how quickly folks will vacate a house when offered $100 each to do so by the end of next month...

    This is not legal advice.
  3. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    Answered . You need to open an estate so that you can be appointed as PR. At that point, you will have legal authority to evict the tenants. Since you are going to be dealing not only with probate law, but also landlord/tenant law, it would be extremely advisable for you to retain legal counsel.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  4. T.R. Morgan

    Contributor Level 5

    1

    Lawyer agrees

    Answered . As previously states, you will need to begin probate proceedings. Once you are appointed as personal representative of the estate, you can begin the eviction proceeding. If there was no written lease, then the people living with him were either there as guests or are tenants at will. Each state has its own notice requirements to give to the "tenant" to notify them that they are to move out. In many cases, a tenant at will must be given from 5-15 days notice that they are to move out. If after the specific time, they have not moved out, then you can sue them for unlawful detainer (eviction) and ask the court for an order and writ to the sheriff to have them forcibly (and hopefully peaceably) removed from the house.

    ** LEGAL DISCLAIMER I am licensed to practice law in the State of Utah. My practice is focused in the areas of... more

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