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Can eviction on rental property be done on family member after death of father?

San Angelo, TX |
Filed under: Estate planning

Father passed away, daughter was living in house taking care of him. His funds were on "hold" since no good will. Landlord trying to evict within 2 weeks of his death. Pmt was due on 15th of month, and landlord notified that pmt will be made when funds are released. Can eviction be done? Do we need to remove his items from the house? Does the normal process of written notification still apply before eviction can be done?

Attorney Answers 3


  1. Yes, if the rent is not paid, eviction can take place. The landlord is not required to wait until funds are released. The normal eviction process would apply.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. Unless the father's accounts were payable on death or joint tenancy with rights of survivorship the funds would be unavailable for a while even with a valid Will. In the meantime the landlord doesn't have to wait to get paid. The time it takes to evict is controlled by local state law.


  3. First, you must read the lease and see if it changes the statutory scheme, which is permissible. If not, then the person staying in the rental unit (daughter) is not the tenant and does not have rights to the premises unless granted by the lease. The daughter and anyone else can be considered as an unlawful occupant who can be removed by an eviction procedure. Written notice is required before eviction, but, if I recall correctly, it is 3 days notice. Eviction proceedings tend to move fast. Daughter should either pay rent or find a new place to live quickly.

    There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.

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