Inherited Tenants Refuse To Pay Rent!

[Rick Harris]

Mother passed away Feb. 9. On Feb. 12, I gave her tenants (now mine) 30 day notice to move (not knowing that California requires 60 days). Tenant has not paid Feb. rent yet, claiming that I do not have legal title to the property so am not entitled to rent! ( Yes, I alone am in the will.) Do not have mothers death certificate yet. How can I get rent paid to me AND get them out of there. They say that they need time to get money to move - another reason to not pay me! Any advice before I see an attorney? Thanks guys!

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Originally posted by @Rick Harris:

Mother passed away Feb. 9. On Feb. 12, I gave her tenants (now mine) 30 day notice to move (not knowing that California requires 60 days). Tenant has not paid Feb. rent yet, claiming that I do not have legal title to the property so am not entitled to rent! ( Yes, I alone am in the will.) Do not have mothers death certificate yet. How can I get rent paid to me AND get them out of there. They say that they need time to get money to move - another reason to not pay me! Any advice before I see an attorney? Thanks guys!

If your tenants are in CA, they are correct in that they do not owe rent to you. Your tenants owe rent to your mother's estate, not you. And they will not owe rent to you until you are the owner of record as dictated in a court order or trust affidavit that transfers the property to you or makes you executor or trustee. The death cert. and will should help you open the necessary probate action or change trustees.

Your tenants are incorrect in that they do not owe rent. If they don't trust you to hold it (and why should they), they should be putting the rent into an escrow account to prove good faith until such a time as you have title and/or you are the appointed executor or trustee of the estate. A judge will look favorably on a tenant that withholds and escrows rent in order to pay it to the correct party.

You have no right to give the tenants 30 or 60 day notice to terminate tenancy until you are appointed executor or trustee or until you are owner of record.

I suggest you get some legal help and stop exposing you and estate to a potentially giant lawsuit.