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

San Angelo, TX |

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?

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Attorney answers 3


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

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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.


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.

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