Tenant dies, others move in and are behind on rent - eviction

[Gene Hacker]

Here is the short version...My tenant passes away, she owed a few hundred dollars but not much.  The tenant was the only name on the lease.

The family notifies me and says there will be moving her stuff out.  A couple days they tell me her "husband" is going to move in and take over and pay what she owes.  

The husband (and his brother and elderly mother) appear to be the ones living in the unit.  They are not paying rent and I need to evict.  

I am not sure who to list on the three-day notice.  Do I list the deceased tenant because her name was the only one on the lease?  I know the name of husband but not the other two.  

Another fun adventure in landlording... 

[Deanna McCormick]

Honestly,, this is quite a mess,, I would let them know your planning on filing eviction action and either they agree to vacate in 3 days or you will file on Friday. Give them the opportunity to vacate and have them sign a agreement that states they will be out by noon on the XXX date and remove all personal property, In exchange for vacating you will give them $XXX bucks in cash. Have new lock ready to put on if they take the deal.. NO delaying till the weekend unless you honestly believe they will be out..  What ya got to win by doing this is you get your unit back quicker.. than the 2 to 3 weeks the court process will take. 

I think you need to download the landlord tenant laws for your state,, you need to understand your obligations as landlord and pay close attention to how things are being handled.

Why would you have permitted anyone to move in that you didn't have documentation on, a new lease, let alone do in a manner such as this.. you've learned a hard lesson.