50 y.o. man, mother passed away, will not leave and has no lease

[Tracy Elmore]

We have a tenant who isn't leaving after his mother passed away. He is an older man in his 50's who was living with his mother in the apartment. We didn't know he was living there and he was never put on the lease nor did he pay rent. After his mother died he asked for more time to clear out all his things and after over three months, still will not leave and does not pay rent. We hope to get an eviction started, but the legal professionals tell us it will take possibly months for an eviction to go through.

While we wait for the eviction to be processed, which may take months, do we have to pay for his garbage and water as on the original lease? or since he is not on the lease can we shut those things off? Also, we don't know who is paying the electric. Is there a squatter law that applies here, does an eviction really apply?

What are our responsibilities as landlords while we wait until we can get our turn in eviction court?

Any and all ideas would be helpful. Thanks so much for reading.

[Lynnette E.]

Is he handicapped in any way you can tell?  If so, you may be able to get adult services involved to help assist him in a transition to a new group home or residence.  

You would start be calling the County Office and explain that he lived with his mama who recently passed away and he does not seem able to take the steps to function by himself, find a new home, etc.  They may help him.

Also, maybe ask if he has other siblings or relatives as they may be able to help him transition.