Landlord died; his family crazy. Advice please

[AF4iK]

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I'd start recording all my calls with her...

That's the first thing I downloaded onto my phone after that conversation. Really wish I recorded that first phone call though.

johnp has it right. When my mother passed away my brother and I were co-executors. We opened a bank account and her residual investments went into it. Bills were paid out of it until the estate was settled.

Pay the rent to the estate or care of the executor etc. Make complaints to and take directions from the same. When the boss dies the employees don't take over the company even though they may have helped run it.

When the landlord was alive he pocketed the money. Now that he is dead it sounds like there's a grabfest for any loose cash. If the LL had mortgage life insurance the place will be free and clear so expect a flurry of moves to get you out to make a quick sale.

If they aren't the owner or the owners agent (Executor) they have no rights there. No right to tell you to fix things.

Send the rent to me. Until the courts system says otherwise I have as much a right as anyone. (OK I'm pushing it just a little)

Thanks man, I 'll do this starting with next month's rent cheque if I still plan to be here longer than 60 days. I really should've done this sooner. Before I take any action though, I'm trying to do some research to minimize the possibility of backfire. My landlord passed back in May and I don't know how long these things take. I'd like to get a copy of the estate records from the Probate Court (if it went to probate) so I can find out for certain if the house is in limbo and who the executor of the estate is (hopefully a third party). Anyone ever done this before?
Oh and I'd rather pay my rent cheques to you than these crazy b****es but I will go the estate route

 

[Mr.Azim]

Well first of all, you shouldn't be giving post-dated cheques on a residential tenancy unless it's voluntary (can't be demanded in the lease terms).

Second, you should be asking for a new contract in accordance to who owns the house and who your new landlord is. If not, you can ask the LTB to help determine that.

The "withhold rent" thing mentioned above means beans if you aren't paying the actual landlord. If someone else gets the estate that isn't the mother, guess who you owe back rent to? You can also pay rent to the estate, but that won't stop the disputing parties from taking you to the LTB (they may not have a claim, but they still have a right to be heard).

Anyway, try to clear things up in a civil way without going to the tribunal.

You can also contact the Landlord and Tenant Board, they will be able to direct you to which forms you can use. You'll also have Duty Counsel services available on the hearing day. Or, you can hire a qualified paralegal or lawyer to handle this.

 

[AF4iK]

Well first of all, you shouldn't be giving post-dated cheques on a residential tenancy unless it's voluntary (can't be demanded in the lease terms).

Second, you should be asking for a new contract in accordance to who owns the house and who your new landlord is. If not, you can ask the LTB to help determine that.

The "withhold rent" thing mentioned above means beans if you aren't paying the actual landlord. If someone else gets the estate that isn't the mother, guess who you owe back rent to? You can also pay rent to the estate, but that won't stop the disputing parties from taking you to the LTB (they may not have a claim, but they still have a right to be heard).

Anyway, try to clear things up in a civil way without going to the tribunal.

You can also contact the Landlord and Tenant Board, they will be able to direct you to which forms you can use. You'll also have Duty Counsel services available on the hearing day. Or, you can hire a qualified paralegal or lawyer to handle this.

Thanks a lot for your input. The post-dated cheques were voluntary for the sake of convenience. We're currently on a month-to-month basis and I understand that the terms of the original tenancy agreement still apply to both myself and whoever the new owner is/will be... determining who the owner is at the moment is what I'm trying to find out though. I've left a msg with the local probate court hoping to find out if any documents exist that can help me determine this.

Yea, witholding rent sounds like a bad idea in general. Based on my research, it's the quickest way to get evicted regardless of what the landlord has done. Only the Landlord & Tenants Board can grant a withholding of rent and even then they will hold it in escrow. I'll continue paying the rent while I live here but they will be made out in the original landlord's name which seems the safest route.

 

[CanuckDuc]

Whoever the executor is - either assigned by the will or acting - they will have had to change the deceased's banking accounts from the deceased's name to "the estate of ... ". All cheques should be made to "the estate of..." I would also make clear mention in the memo line of the cheque that it is for "Sept. 2013 rent, Apt. 1, 123 Main St, Toronto... Stop giving them post dated cheques - this will give you an opportunity to speak to the executor each month and see what is going on. Some estates are very simple and settle in 8 weeks or less... others not so much.

 

[AF4iK]

Thanks for the advice. I always make a note on the cheque that it's for rent at the address specified. I'm just going to submit notice that I'm moving and be done with it. Finding a place that meets the family's needs and budget isn't easy around here but I'd rather deal with that.

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