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What is the best was to do an eviction on inherited property that is still in the deceased owners name? Property needs major repairs.?
8 Answers
- loanmasteroneLv 74 years agoFavorite Answer
You are not able to evict anyone until the property has been legally transferred to you though the probate system of your state. If you are not the owner of the of the property you have no legal means to evict anyone.
One the probate is over and the title to the property has been transferred and recorded at the county recorders office to the heirs, the heirs might evict those that are in the property.
In order to evict someone you are required to provide the proper signed written notification of your state. This could be from 30 days to 90 days.
Once the time frame has expired and the individuals have no moved, you would be required to go to court and apply for a legal eviction signed by a judge.
This legal eviction would have a date that the individuals in the property would be required to move and vacate the property.
If those in the property fail to move based on the date in the legal eviction, you would be required to call the local law enforcement agency to have the individual in the property to physically remove themselves and all their personal property from the property.
If the individual residing in the property has a lease agreement, normally you would be required to allow the individuals to remain in the property until the lease expire.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- Beverly SLv 74 years ago
Do they have a lease? If so you must allow them to stay till lease expires. Give them 60 days written notice before then that you won't be renewing. Send it certified mail so you have proof they received. If no lease they are automatically on a month to month lease & you must give them 30 days notice (or 60 in some states).
- Donald BLv 74 years ago
If they have a lease let it run out. If you want to do it before the end of the lease you may have to pay them to move out. You cannot evict without cause. Two months before the lease ends inform them in writing that they must move by the end of the lease. That is not technically an eviction.
- ?Lv 74 years ago
First of all you need to get Probate sorted out so if you've inherited this property, the name can be changed on the Deeds. Then you proceed with the help of your solicitor, who should be involved in obtaining Probate so you know everything is legal.
And you need to be sure of your rights re evicting (grounds?) your poor tenants!! As do they.
- babyboomer1001Lv 74 years ago
The best way is the LEGAL way. Learn the eviction laws in your state or consult with a lawyer who will do it for you.
Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience. - MaxiLv 74 years ago
Until the estate is probated and the property is in the persons name who has inherited it, nothing........ the new owner then takes over as the tenants landlord and if the tenants have a written term contract again nothing can be done until 30/60 days before end of their contract when they are given written notice that the tenancy will not be renewed and so they will have to leave, or if they are month to month then they can be given written notice to leave.
- 4 years ago
If the property is still in the deceased's name , it has not yet been inherited .
First thing to do is take care of the transfer of title .