Legal Question in Wills and Trusts in Pennsylvania

My husband bought his fathers house. Well let me rephrase that, he bought out his brothers half of the house before his father passed in order to help his brother out of a financial bind. Originally there was a life lease agreement but with in a year or so there were problems found with the original deed and it had to be redone excluding the life lease agreement. Long story short my father in laws girlfriend also lived in this house. Well in Sept. 2011 my father in law was battling cancer and was really sick. We asked his girlfriend to leave because she was creating havoc. She never left even after my husband gave her paperwork giving her 10 days. So my father in law passes away in Dec. 2012. We again told her she had to leave. We started ejectment proceedings but sold the house in March of 2012 and the new owner said she could remain in the house and rent from him. He just bought it as an investment property. How can or can I recoop my house payments from her? She had no legal right to be there.


Asked on 5/10/12, 11:31 am

1 Answer from Attorneys
Rachel Hunter

Why are you trying to "recoup the house payments" from her? What payments? Did you have a lease with her? You are no longer a property owner or landlord. To the extent that you have a judgment against her for unpaid rent, then you may be able to garnish her wages.

I don't know what "paperwork" your husband gave to this girl. If it was just a notice to quit, it meant nothing as she did not have to leave. The only possible thing is that if there was a valid lease requiring her to pay rent and she refused, then you could sue her for the back rent.

I am not a landlord-tenant lawyer and your question has nothing to do with probate. I also don't understand why this is your issue - your husband, as the owner of the property, would have had any rights to rent. I also don't understand what a "life lease" is. Is this a lease for the property as measured by someone's life?

Your husband should consult perhaps with either the attorney that drew up the deed or an attorney specializing in landlord-tenant law if there was a valid lease between the property owners and this girl.

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Answered on 5/10/12, 12:00 pm


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