Canon a personal representative of an estate get rid of someone living in the deceased person's house? The short answer is yes, but the road can be long and difficult. The solution depends in part whether the occupant moved in with the permission of the decedent or after the decedent died. Getting rid of an unauthorized occupant can be a factually and legally complex situation.
What is it steak is how much notice must be given under the law. With the death of the decedent, the document arguably no longer has permission to live in the property. In that case, the occupant is "holding over" on real property, or occupying it without permission. However, perhaps the occupant was paying the mortgage or doing something else on a monthly basis. In that case, the occupant might be entitled to one month and one day advance notice. However, if the occupant was not paying any money or providing any services on a monthly basis, then the occupant would be entitled to a 90 day advance notice.
I am not making this up. The relevant statute says that the notice to be given must be at least the interval between rent payments or 90 days, whichever is greater. Here is the statute, so you can see for yourself:
https://www.revisor.mn.gov/statutes/cite/504B.135
These sorts of situations are very complex with lots of different nuances. Anyone who finds himself in this sort of situation should consult with an attorney who is experienced in such matters. That way, you will be able to determine the best course of action. In my book, the best course of action might be the one that is least expensive, but that is not always the case.
I would be remiss in not telling you that Minnesota is a very tenant friendly state these days, and some counties are more tenant friendly than others. The course of action that you take may depend on what County the property is located in. For example, I know I can take certain actions in one county, but those actions would not be advised in another county. The counties will remain nameless.
Every tenant situation is unique, and I recommend that property owners talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I do not represent residential tenants.
As a general rule, I prefer legally and factually complex situations that other attorneys will not touch. I like to figure out unique solutions to complex problems. You might describe the situations as complicated, messy, or ugly – I welcome them all.
A property owner can expect that I will charge a consultation fee of $250 for a 30 minute consultation by way of telephone, video, or in person, whatever is best for the property owner. If there is a written lease or agreement for possession of the property, I will want to see that. If the property owner has provided any notices or if there are other pertinent communications between the property owner in the tenant, I want to see those as well. In addition, I would like to see anything else that the property owner thinks is important.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.
What is it steak is how much notice must be given under the law. With the death of the decedent, the document arguably no longer has permission to live in the property. In that case, the occupant is "holding over" on real property, or occupying it without permission. However, perhaps the occupant was paying the mortgage or doing something else on a monthly basis. In that case, the occupant might be entitled to one month and one day advance notice. However, if the occupant was not paying any money or providing any services on a monthly basis, then the occupant would be entitled to a 90 day advance notice.
I am not making this up. The relevant statute says that the notice to be given must be at least the interval between rent payments or 90 days, whichever is greater. Here is the statute, so you can see for yourself:
https://www.revisor.mn.gov/statutes/cite/504B.135
These sorts of situations are very complex with lots of different nuances. Anyone who finds himself in this sort of situation should consult with an attorney who is experienced in such matters. That way, you will be able to determine the best course of action. In my book, the best course of action might be the one that is least expensive, but that is not always the case.
I would be remiss in not telling you that Minnesota is a very tenant friendly state these days, and some counties are more tenant friendly than others. The course of action that you take may depend on what County the property is located in. For example, I know I can take certain actions in one county, but those actions would not be advised in another county. The counties will remain nameless.
Every tenant situation is unique, and I recommend that property owners talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I do not represent residential tenants.
As a general rule, I prefer legally and factually complex situations that other attorneys will not touch. I like to figure out unique solutions to complex problems. You might describe the situations as complicated, messy, or ugly – I welcome them all.
A property owner can expect that I will charge a consultation fee of $250 for a 30 minute consultation by way of telephone, video, or in person, whatever is best for the property owner. If there is a written lease or agreement for possession of the property, I will want to see that. If the property owner has provided any notices or if there are other pertinent communications between the property owner in the tenant, I want to see those as well. In addition, I would like to see anything else that the property owner thinks is important.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.
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