Since Mom died, tenant pays no rent and dad is abroad

QUESTION: Dear Legal Wiz,
My mom died last year and the tenant found out that her name and my dad’s name were on the title. She stopped paying me the rent and said my dad has to come and sue her because my name is not on the title. My mom brought her there but I have been collecting the rent until she suddenly went and got a copy of the title. My dad lives abroad.
She curses me any time I go to the house.
I need to get her out because the water and light bills are high now.

RESPONSE: Dear Shoriya,
Did you know that your father can give you a power of attorney document that will allow you to be the agent officially. That aside, the rights you have are determined on whether your mom was a tenant in common with your dad on the title, and if they were married at her death.
It is our understanding that you can still sue her successfully for the outstanding rent even before you try to remove her. That way you can collect all monies owed before she leaves. When you collect those monies you can clear up some bills, and then sue her for the monies used to clear the bills.
Legal Wiz

The above does not constitute legal advice. Inhouse senior journalists research and discuss with specialists eg attorneys-at-law, as necessary before posting responses. In conclusion, names are changed at times by request.


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