Guarantor, deceased tenant, non-paying illegal roommate

[Jordan F.]

Hello BP.  I have an apartment where the tenant of record died in July of 2021 but her unauthorized roommate continues to live there without paying rent.  The original tenant's credit was bad so her mother signed as a guarantor.  Subsequently the mother was declared incapacitated and her son is now exercising the power of attorney.  My question is whether we can hold the mother/son liable for the unpaid rent that has accrued since September to date or did their responsibility end when the tenant of record died.  We don't have the illegal tenant's name or social security number.   We are attempting to evict her based on a name we found that matched first and middle name, age and ethnicity.  I look forward to any help you can give me.  Thanks.

[Nathan Gesner]

Quote from @Jordan F.:

Hello BP.  I have an apartment where the tenant of record died in July of 2021 but her unauthorized roommate continues to live there without paying rent.  The original tenant's credit was bad so her mother signed as a guarantor.  Subsequently the mother was declared incapacitated and her son is now exercising the power of attorney.  My question is whether we can hold the mother/son liable for the unpaid rent that has accrued since September to date or did their responsibility end when the tenant of record died.  We don't have the illegal tenant's name or social security number.   We are attempting to evict her based on a name we found that matched first and middle name, age and ethnicity.  I look forward to any help you can give me.  Thanks.

Are you telling me the attorney can't start the eviction until they prove identity? It sounds like you need a real attorney.

If you don't know the identity of the individual, call the police and report a squatter. You show up at the same time with the lease agreement, proof of ownership, etc. Show them who the legal resident is, that they passed, and that this individual is unknown to you and just squatted. The cops won't kick them out, but they will at least verify their identity. This gives your attorney what they need to start eviction and it puts the squatter on notice that you're taking this seriously.

You should have wrapped this up nine months ago.