Can they kick me out if he isnt the landlord?
2 attorney answers
Certainly SOMEONE is the landlord -- it's just not clear who that may be. If the deceased was sole title holder of the property, then it's likely that his Estate is technically the landlord -- though it remains unclear what individual person may be able to control/direct the actions of the Estate (it could well be the son, but not necessarily).
Perhaps a more specific question is whether or not you lawfully qualify as a "tenant" who could thus be subject to eviction. Based on the facts you state that seems arguable, perhaps even doubtful.)
In any event, if you've been served (or otherwise have notice of) an eviction court case that's filed against you, you need to consult with an attorney ASAP.
If you found this answer helpful, please click the "Mark as good answer" button, below. If you'd like to contact me regarding potentially representing you with regards to your legal matter, please click on my profile and give my office a call. My answer to your Avvo question, however, is informational only and is not intended to be legal advice, nor does it form the basis for any attorney-client relationship whatsoever, which can only be formed upon signing an Engagement Agreement and depositing a Retainer Fee into client trust. Further, I am only licensed in Oregon and laws vary from state to state. If you have an Oregon-related issue, feel free to contact me for a consultation. If you are outside of Oregon, please consult an attorney in your area for legal advice.
I agree with Mr. Parks - the likely issue is whether you are a tenant at all. If not, landlord-tenant court is not where you should be and you may be able to get any suit filed there dismissed, with your opponent being charged for your court costs and attorney's fees. As for who has authority to manage the deceased's interest in the house, that would most likely be whomever has been appointed Personal Representative of the probate estate unless ownership of the house automatically passed to someone else by right of survivorship or other language on the Deed. Consider having a landlord-tenant attorney review and advise you.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.