If the property I’m renting is now in probate after my landlord’s death, can the pending landlord force me into a new lease?
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If the property I’m renting is now in probate after my landlord’s death, can the pending landlord force me into a new lease?
My landlord just passed away. Her son will get the property as per her Will but the estate is in probate at this time. The son is being difficult, demanding higher rent and new conditions of tenancy. Can I legally refuse to cooperate and stick to the prior landlord-tenant agreement during the probate period?
Asked on March 5, 2012 under Real Estate Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally speaking, the death of the landlord does not terminate the lease. The estate of the landlord now has the responsibiltiy of dealing with the property: making repairs, collecting rent, etc. The son in this case can not raise your rent or impose additional restrictions or force you in to a new lease. The lease is good until the term ends and not just probate. Good luck.
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