My current lease states that the landlord will pay for water, sewage and, trash, and I am to pay gas and electric. My landlord has passed away and never served a eviction notice. However my lease is due to expire in the next month. I have 3 small children and do not have the funds to just find another place in the next 30 days
You can be evicted any time after your lease expires. But the person handling the estate would have to give you proper notice and follow the eviction process, which takes several weeks. Contact whoever is handling the estate and find out if you will be able to stay or how much time you have to find a new place. Check the name of the deceased on the local probate court web site to determine if any family member has filed to open the estate, and then contact that person, especially if nobody continues to pay the utilities and they get shut off.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create, and the user of Avvo understands and agrees that this response does not create, an attorney-client relationship. Check previous answers that provide more information at https://www.avvo.com/attorney-answers/45209-oh-joseph-jaap-485066/answers.html. But solutions to legal problems depend on all the specific facts of a situation, and it is not possible to cover all the facts and issues on Avvo. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state. Mr. Jaap is licensed to practice law in Ohio. He and his law firm gladly accept new clients, but they cannot accept any representation until they confirm that it will not create a conflict of interest with their existing client relationships and obtain a signed representation agreement. Accordingly, do not send them any confidential information unless and until they have confirmed their representation of you in writing.
The only information I can add to Mr. Jaap's response is that if you are in Clark County, the probate court's website is http://www.probate.clarkcountyohio.gov/search.php. An executor or administrator may be empowered to negotiate with you for a lease renewal or a new lease with different terms during the probate proceedings. However, if the property was owned by a business entity (rather than your landlord personally) or transferred upon death outside the probate process, or if no estate has been opened for your former landlord, you should speak to an attorney about how to proceed. You may also qualify under income guidelines for assistance from Legal Aid of Western Ohio which has an office in Springfield. Good luck. https://www.lawolaw.org/
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