Legal Question in Real Estate Law in Florida

Landlord died. On 3/1/15 we signed a one year lease after paying first, last and security. The landlord died on 2/23/16 before a new lease could be signed. We paid the 3/1/16 rent to the landlord's mother, who is also listed on the deed and property tax rolls. There was no new lease signed, we are now month to month. The landlord's mother has now passed away. When the landlord died we were told by the daughter and mother that there was no money to bury him or return our security deposit should we decide to move. From that, we assume there is no money for a probate attorney either. The mother was in the hospital when her son (our landlord) died...when she was released she found that our landlord's common law wife had kicked her out of the apartment the common law wife owns. With nowhere to go, the landlord's mom moved in with a friend. The daughter tells us we should pay the rent to her, the friend says she has a recently drawn will (not yet filed with the court) leaving everything (including our home) to her, and she also has power of attorney for the landlord's mom (also not yet filed with the court). As far as we know, the landlord's daughter, nor his two sisters have any idea of the existence of this will. We have seen none of this paperwork, nor do we have the name of the attorney that drew up this will/POA. The question....who do we pay the rent to come the first of the April....2 days away!...while all of this gets sorted out?

Asked on 3/29/16, 9:18 am

David Slater David P. Slater, Esq.

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Pay the rent to the County Court Clerk who will hold it in escrow. You should speak with an attorney familiar with Landlord and Tenant Law.

Answered on 3/29/16, 9:58 am

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