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Updated over 2 years ago on . Most recent reply

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5
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Sunny Romero
  • Kingsport, TN
2
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5
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Tenant passed away with no heirs

Sunny Romero
  • Kingsport, TN
Posted

Hi all! So, we've had a tenant that's passed away and no heirs we are aware of. We aren't looking to recover unpaid rent, but need to find out how we can legally get possession of the property again so we can sell it? We can't see what was written in the lease regarding death because the 2nd twist is that I am POA of the property and don't have the lease. My dad had a massive stroke and cannot speak or remember things. We can't find the original lease from 6 yrs ago (although she has been lying every month for this time). Yes, I've contacted an attorney and have a phone consult next week but I‘m hoping someone here has gone through this. The condo is located in FL. The HOA doesn't have a copy of the lease either.

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,092
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28,085
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Sunny Romero:

Hi all! So, we've had a tenant that's passed away and no heirs we are aware of. We aren't looking to recover unpaid rent, but need to find out how we can legally get possession of the property again so we can sell it? We can't see what was written in the lease regarding death because the 2nd twist is that I am POA of the property and don't have the lease. My dad had a massive stroke and cannot speak or remember things. We can't find the original lease from 6 yrs ago (although she has been lying every month for this time). Yes, I've contacted an attorney and have a phone consult next week but I‘m hoping someone here has gone through this. The condo is located in FL. The HOA doesn't have a copy of the lease either.

I would have everything moved to a storage unit so I could clean the condo and sell it. If someone shows up to collect the Tenant's belongings, make them pay the moving and storage costs first. If they don't show up, auction the stuff off and be done with it.
  • Nathan Gesner
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