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    gabismith's Avatar
    gabismith Posts: 1, Reputation: 1
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    #1

    Dec 23, 2011, 09:36 AM
    Can landlord breach contract due to death?
    We have rented out our house for 2 years, but my husband unexpectedly passed away after the tenants have been there only 2 months. I would like to move back into our home since I have lost the company paid house we currently live in. Is there any way to breach the two year lease and make the tenants leave?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 23, 2011, 09:40 AM
    I am sorry for your loss but no, You and your husband had a legal lease with these people and you are obligated to it. and you will have to honor it. You may try and buy them out of the lease, with perhaps an agreement to pay their moving expense and 6 or so months rent for them.
    MKH2U's Avatar
    MKH2U Posts: 8, Reputation: 0
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    #3

    Jan 17, 2012, 08:51 AM
    No ma'am the contract is legally intact through the duration of its term unless the occupants terminate the contract early for some reason. If they do not pay their rent or otherwise violate the terms of the contract you can request an eviction hearing with your local JP court and ask for an order of eviction based on very specific facts outlined as reasons to terminate the contract. The judge may or may not grant your request depending on the reason. Even if he does you still can't change locks or vacate the home for them or cut off utilities at all (its illegal and enforceable and could negate the judgement entirely) You then have to return to judge and get a writ of possession and wait for local law enforcement to remove the residents. Only then can you take possession of your home back. It is difficult.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 17, 2012, 10:47 AM
    Any question on law needs your generally locale as laws vary by area. Some areas do allow an early termination if the landlord needs to move back in. Its rare, but it might help you.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 17, 2012, 06:23 PM
    Quote Originally Posted by MKH2U View Post
    No ma'am the contract is legally intact through the duration of its term unless the occupants terminate the contract early for some reason. If they do not pay their rent or otherwise violate the terms of the contract you can request an eviction hearing with your local JP court and ask for an order of eviction based on very specific facts outlined as reasons to terminate the contract. The judge may or may not grant your request depending on the reason. Even if he does you still can't change locks or vacate the home for them or cut off utilities at all (its illegal and enforceable and could negate the judgement entirely) You then have to return to judge and get a writ of possession and wait for local law enforcement to remove the residents. Only then can you take possession of your home back. It is difficult.
    This is generally correct, but details may vary depending on what jurisdiction (state) it's in. For example, some states don't have JP courts, or might not give such courts jurisdiction over evictions. And, assuming the tenants do breach (something OP has not suggested to have occurred), eviction is not a hit-or-miss proposition as MKH2U suggests. On the contrary, it's usually cut-and-dried.
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