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LisaB4657 · Sep 1, 2011, 06:22 PM

Originally Posted by HotHoneyVintage

P.S. I also forgot to ask Lisa (or anyone else): know the proper and LEGAL way to notify/serve these people that we are the executors of the deceased will and are the new landlords for the remainder of the lease? Should I include the info on this document where to send the rent (the estate account) etc. or not? If I do any of it wrong they will indeed run to the courts saying we violated something. Sigh. Thanks again all, really do appreciate this.

Send them a letter by certified mail, return receipt requested, informing them that the landlord has passed away and that they should forward all future payments and notifications to you, the executor of the estate, and give them an address. Make sure you give them a phone number for emergencies. Also send a copy of the letter by regular mail and make a notation at the bottom of the letter that it was sent by certified and regular mail. This way if they refuse to accept the certified mail they can't claim that they never received the notice.

HotHoneyVintage · Sep 10, 2011, 04:14 PM

Hello,

UPDATE: I want to thank everyone on here for all your help and advice, especially Lisa. I did read the entire 'Truth in Renting' Guide online. We are in the process of getting this situation resolved. Thanks again.

LisaB4657 · Sep 10, 2011, 04:18 PM

My pleasure! Good luck!

HotHoneyVintage · Sep 10, 2011, 04:19 PM

Update: They want to break the lease and move? Should we allow that or not? I don't want to get sued for nonsense sometime down the road. How can all cut ties and move on? Ty

LisaB4657 · Sep 10, 2011, 04:25 PM

Originally Posted by HotHoneyVintage

Update: They want to break the lease and move? Should we allow that or not? I don't want to get sued for nonsense sometime down the road. How can all cut ties and move on? ty

These sound like nightmare tenants and if I were in your position I'd definitely let them out of the lease. I would tell them that if they want to break the lease then both of you will have to sign a Mutual Release where each of you release the other from all obligations and liabilities and agree not to take any further action against each other. If you decide to go this route then I strongly recommend that you have an attorney prepare the Release rather than trying to do it yourself. Also, you shouldn't sign the Release until you've carefully inspected the property for damage.

ScottGem · Sep 10, 2011, 04:26 PM

Keep us posted.

Fr_Chuck · Sep 10, 2011, 05:38 PM

Agree and glad the experts on line here were of help to you.

I would at least demand any and all back rents to be paid, and no release done as noted till a very complete home inspection is done.

HotHoneyVintage · Sep 12, 2011, 08:12 PM

Hello,

We are going to speak to a lawyer about doing the mutual agreement. But what if the tenant doesn't sign it? These are difficult people and I have a notion they will not sign anything. Sigh.

cdad · Sep 13, 2011, 02:31 AM

Originally Posted by HotHoneyVintage

Hello,

We are going to speak to a lawyer about doing the mutual agreement. But what if the tenant doesn't sign it? These are difficult people and I have a notion they will not sign anything. Sigh.

Until the situation actually changes you just have to proceed on blind faith. If it gets these people out then move on it. Any paperwork generated will be the same with the exception of the figures involved even if a denial takes place.

ScottGem · Sep 13, 2011, 03:18 AM

Approach them as this is protection for you both. It gives them protection that you will not pursue them for what they owe and protects you that they will move out by a specified date.

But if they don't sign, don't sweat it. As long as you have proof that you offered a reasonable compromise, their refusal to sign works to your advantage. It allows you to sue them after they move or will help if they decide to sue you.