inherited a rental with tenant but no lease

inherited a rental with tenant but no lease

Investor · castle Rock, CO · Member since 2024 · 28 posts · 7 votes

Complicated QUESTION: I SO appreciate any advice you have:  My 4 adult kids’ dad owned a condo he rented out. His health failed rapidly the past year and he died in September. He forgot to renew the lease with his renter, which expired many months ago, but the renter was never asked to leave and she still lives there and continued all year to mail him her rent on time each month. Meanwhile, he set up a revocable trust leaving everything to the 4 adult kids (they are in their 40s). The oldest was named executor so she is picking up the pieces of all his business and financial matters. The condo is now having some serious issues with water leakage. The renter doesn’t like to be disturbed and is reluctant to grant my daughter access with a plumber. My daughter wants to deal with water issues immediately and has concerns that there may be mold……………………..What are her rights as the ‘new’ landlord when there is no lease? …………………….Does a landlord have more - or fewer - rights when there is no lease?  …………………………An additional consideration: The siblings may want to sell the condo within the next 6 months. What kind of notice , when there is no lease, would need to be given if it seems better to have her move out so they can quickly and aggressively go after and clear up the water damage (and possible mold)  and afterwards sell it? 

THANK YOU so much in advance for any suggestions! 

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Staten Island, NY · Member since 2013 · 101 posts · 37 votes
2d

Sorry about your kids' dad. In most states when a lease runs out and the landlord keeps taking the rent, it just becomes a month to month tenancy on the same terms. So she's still a legal tenant, and your daughter as trustee steps into his shoes as the landlord. No lease doesn't really give you fewer rights, you just fall back on your state's default rules.

For the leak, most states let a landlord in for necessary repairs with reasonable written notice, usually around 24 hours, and right away for a real emergency like active water. I'd send it in writing with a date, a time window and the plumber's name, and loop in the condo association too since the unit below usually gets hit.

If they're selling in 6 months I wouldn't sign a new lease. Ending a month to month is usually 30 to 90 days written notice depending on the state (in NY it's 30, 60 or 90 depending on how long she's been there). A vacant condo usually sells faster and for more, so a quick call with a local landlord tenant attorney before sending that notice is money well spent.

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  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    2d

    Did you locate the original rental agreement? What does it say about renewals? What does local landlord/tenant law state regarding renewals absent written agreement?

    Has the attorney handling probate delivered notification to the tenants with instructions on who/how to pay, and who is "managing" the unit prior to settlement? If not, they need to formally notify them, and immediately advise them that refusal to allow a the plumber or other authorized person enter, they will be responsible for all resulting damage caused by leaks. While your daughter is in there, a thorough inspection should be made to assess actual conditions.

  • Specialist · Redmond, WA · Member since 2026 · 21 posts · 5 votes
    2d

    Sara, dm me and I'm happy to review the original lease with you - if you have it. I can help you determine next steps for your jurisdiction!

  • Staten Island, NY · Member since 2013 · 101 posts · 37 votes
    2d

    Sorry about your kids' dad. In most states when a lease runs out and the landlord keeps taking the rent, it just becomes a month to month tenancy on the same terms. So she's still a legal tenant, and your daughter as trustee steps into his shoes as the landlord. No lease doesn't really give you fewer rights, you just fall back on your state's default rules.

    For the leak, most states let a landlord in for necessary repairs with reasonable written notice, usually around 24 hours, and right away for a real emergency like active water. I'd send it in writing with a date, a time window and the plumber's name, and loop in the condo association too since the unit below usually gets hit.

    If they're selling in 6 months I wouldn't sign a new lease. Ending a month to month is usually 30 to 90 days written notice depending on the state (in NY it's 30, 60 or 90 depending on how long she's been there). A vacant condo usually sells faster and for more, so a quick call with a local landlord tenant attorney before sending that notice is money well spent.

  • Matthew MorrowBusiness Member
    Investor · PA - NY - NJ · Member since 2019 · 775 posts · 266 votes
    1d

    @Sara Valentine sorry for your family's loss. That's a lot to land on you at once. I'm not an attorney and the rules vary by state, so a local landlord-tenant attorney is worth an hour here. In most places a tenant paying month to month still has a tenancy, with notice rules for entry and for ending it. The leak is the urgent part. Give written notice of the repair, document everything with dates and photos, and get it fixed before it turns into a bigger mold problem. When I've bought or sold tenant-occupied properties, clear communication and a reason for the tenant to cooperate went a long way. Hope you get it worked out.

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  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    1d

    Most states have laws that an expired auto-converts to a month-to-month lease.

    The tenant basically supported that premise as they kept sending in the rent per the old lease.

    Check state and local laws about Legal Entry Notice requirements under emergency provisions, due to potential mold-causing water leak.

    Have tenant sign new lease ASAP, but check rental rates as highly probable the rent is significantly under market!

  • Member since 2026 · 28 posts · 10 votes
    1d

    I'm sorry about your kids' dad. In most states, a tenant who stays and keeps paying after the lease expires is treated as month-to-month on the old lease's terms, and the trust steps into the landlord's role. The first move is a written notice from the executor (or the trust attorney) telling her who owns the unit now, where to send rent, and giving proper notice of entry for the plumber, since landlords can generally enter for necessary repairs with reasonable notice under state law. Photograph the leak and loop in the HOA too, because condo water problems often start in a neighbor's unit or a shared pipe and the master policy may cover part of it. If the family decides to sell, ask the attorney what notice ends a month-to-month tenancy where the condo is, and consider offering her cash for keys, which is often faster and calmer than forcing a move-out.

  • Member since 2022 · 1k+ posts · 1k+ votes
    20h

    Just thinking out loud.....She doesn't need to know your future plans , if you intend to sell or not. Does one of the kids need or want a new place to stay? If you want her out, tell her one of the kids wants to move in. This trumps all. But you have to actually stay there. Send proper notice. Whichever kid can then use their time staying there to tidy things up, paint, whatever, watch youtube. Maybe the condo life is not what you thought it was and decide it's time to sell. In some states the occupy requirement is only 3 months. I don't know your plans but it sounds like she's making it difficult for you to maintain your property and you'd like her to go. Maybe this is a win win?

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