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Settling an estate

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Candi Stove

Guest
What is the name of your state? PA

I have been disputing a lease issue for over a year. During this time I have not been paying the land owner, but putting the money aside to pay when this is settled. During this year the land owner died. I am trying to settle the back rent and taxes. I have been told that if they settle the estate (November) before settling this matter I will no longer owe the money. I would like to know if this is true.
 


I AM ALWAYS LIABLE

Senior Member
Candi Stove said:
What is the name of your state? PA

I have been disputing a lease issue for over a year. During this time I have not been paying the land owner, but putting the money aside to pay when this is settled. During this year the land owner died. I am trying to settle the back rent and taxes. I have been told that if they settle the estate (November) before settling this matter I will no longer owe the money. I would like to know if this is true.

My response:

I believe you are wrong.

A contract matter, and an Estate matter, are two separate issues. One issue does not impede the other. All because the decedent has died with outstanding contractual issues, doesn't mean that an Estate is somehow held up from being settled.

Remember, the Estate "steps into the shoes" of the deceased, and has all the rights and privileges to act on any ongoing matters that the deceased was involved in prior to death.

Your contract dispute is now with the Estate, surviving the death of the decedent, and is subject to the same Statute of Limitation as if the decedent didn't die prior to its resolution.

IAAL
 
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JETX

Senior Member
In addition to IAAL's correct response, I add that the claim for your unpaid rent is an asset of the estate.... and any executor or trustee will make sure that the 'asset' is collected for the benefit of the estate (and the heirs).
 
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Candi Stove

Guest
I am currently trying to settle with the estate. I just want to make sure I understand what you have said. If the lease dispute does not get resolved before the estate settlement I will still have to pay back rent?
 

I AM ALWAYS LIABLE

Senior Member
Candi Stove said:
I am currently trying to settle with the estate. I just want to make sure I understand what you have said. If the lease dispute does not get resolved before the estate settlement I will still have to pay back rent?

My response:

Assuming the judge finds you liable for the rent, depending upon the issues of your contract matter, then yes, you would still be responsible for payment of your "back rent" - - to the Estate, even though the Estate is settled as to all other issues.

The contract dispute "survives" until resolution, or until the applicable Statute of Limitations has expired.

IAAL
 
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Candi Stove

Guest
The Statutes of Limitations brings up another question. How long do I wait for them to persue this matter. I haven't heard anything in 3 months. I am seeing no effort on the estate's part or the families part to settle this matter.
 

I AM ALWAYS LIABLE

Senior Member
Candi Stove said:
The Statutes of Limitations brings up another question. How long do I wait for them to persue this matter. I haven't heard anything in 3 months. I am seeing no effort on the estate's part or the families part to settle this matter.

My response:

Ah, I was waiting for you to ask that question!

I had to "telegraph" that to you twice before you finally asked.

Okay, what is the exact date that you FIRST withheld rent?

What is the LAST date that you withheld rent?

IAAL
 
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Candi Stove

Guest
One of the issues is that I currently do not have a lease. Last payment made 9/02 - withheld payment 10/02. I have not paid anything since 10/02.
 

I AM ALWAYS LIABLE

Senior Member
Candi Stove said:
One of the issues is that I currently do not have a lease. Last payment made 9/02 - withheld payment 10/02. I have not paid anything since 10/02.

My response:

The PA S.O.L. on verbal contracts is 4 years. However, be aware that the S.O.L. starts anew with each missed payment. Each missed payment has it's own S.O.L.

You also said that you do not "currently" have a lease. If I'm reading that correctly, or understanding you correctly, then I take that to mean that at some point you HAD a written lease (contract). Therefore, the PA S.O.L. is 6 years. In some States (and I do not know if this is true in PA) if you are a "holdover" tenant (as you appear to be), then the "lease for years" automatically "converts" to a month-to-month lease, requiring you to abide by the same written terms and conditions during your holdover period of tenancy. The only difference is that the Estate can now serve you with a Notice to Pay Rent or Quit (which in most States is 3 days to accomplish), and if you fail to pay the rent, the Estate can file an Unlawful Detainer action against you and have you bodily, and immediately, removed by the Sheriff. You won't even have an opportunity to pack your belongings . . . you will be taken by the scruff of your neck and literally thrown out into the street.

So, in summary, and in either case, you are SOL if you lose your contract dispute.

IAAL
 
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Candi Stove

Guest
This is beginning to get more and more complicated. I guess in my case I must wait and see what happens. I own my home and rent the land it sits on. The last lease that was given to me, I refused to sign on of it points. The lease was a standard apartment lease, which in most of it points did not pertain to my home. It stated that the land owner could enter my home. I don't agree, since they do not own the home. They change the date of the lease by a 2 months and wanted me to pay for the two months over again at the new rate. They did not give a 30 day notice to the rent increase. I do believe that I have a few points on my side. I am this will drag out and not get settled for a while.

Thank you for your help.
 

HomeGuru

Senior Member
Candi Stove said:
This is beginning to get more and more complicated. I guess in my case I must wait and see what happens. I own my home and rent the land it sits on. The last lease that was given to me, I refused to sign on of it points. The lease was a standard apartment lease, which in most of it points did not pertain to my home. It stated that the land owner could enter my home. I don't agree, since they do not own the home. They change the date of the lease by a 2 months and wanted me to pay for the two months over again at the new rate. They did not give a 30 day notice to the rent increase. I do believe that I have a few points on my side. I am this will drag out and not get settled for a while.

Thank you for your help.

**A: then what you have is a m/m real property land lease rather than a residential L/T type of lease. I suggest you read the lease because there may be a default clause that requires you to move off of the land immediately without further notice from the landowner.
So be sure those wheels are on tight so you can move the trailer to another lot.
 
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Candi Stove

Guest
This is a home not a trailer/mobile home. The situation is similair, but not the same as a mobile home park. None of the previous leases had clauses about non payment. One family lived on the property for 5 years with out paying rent. It took the land owner that long to go to court and have them removed. Keep in mind I am planning on paying as soon as we negotiate to lease and money.
 

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