Originally posted by @Account Closed:
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.
K. marie: Even though all your legal premises are correct, the fact that these tenants have stated they need money in order to move, plus the fact that they do not appear to have made any effort to pay the rent they owe, even into the estate, indicates that they are simply trying to capitalize on an unfortunate situation by getting some free time in the property. Rick Harris states that he is the sole heir so eventually the property will be transferred into his name. My advice to him stands and the only other thing I might do would be to suggest to the tenants that they open an escrow account to take care of this; it's my suspicion that they will not do it, but at least he can make the attempt in good faith.
Also, I'm curious about what sort of a "potentially giant lawsuit" he may be open to? Hope to hear more from you.