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Real Estate

Lease To Purchase Option Agreement


Asked on Jun 15, 2022

If you're doing a rent to own on a house and the owner dies, can the executor or heirs kick you out of the house, raise the monthly price, or raise the amount of the house or do they have to honor the contract in it's entirety? In Tennessee

I have been renting to own for a few years now. We pay so much a month and have put additional money in the house fixing the house up. We have a certain price that we are paying for the house. The owner died yesterday, and the sister/executor of the will called me this morning saying he died and they were coming to look at the house. Said they were probably going to raise the monthly payment and probably going to raise the price of the house. I'm scared they are either going to kick me out or not let me do rent to own or raise the price. She also said I owed rent for this month which I have already paid!

1 Attorney answer


Real Estate


Answered 101 days ago

Rebecca R.

ContractsCounsel verified

Business Lawyer
Licensed in Tennessee
Free Consultation

If your rent-to-own contract is in writing then the contract should be binding on the owner's estate, although there may be some practical challenges in enforcing it. If your contract is not in writing you will have several practical proof problems to overcome, and you may have trouble overcoming the executor's challenges to the contract. As a tenant in possession you may have additional rights to recover investments in the house, or maintain your current amount of rent. As with the purchase option, your rights may depend on the language of your written agreement.

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