Apartment Lease After Death, Help A Tenant Died At My Rental Property Now What

The following are defaults under this lease.

Apartments for rent yucca valley. A tenant can terminate a lease when the tenants spouse or cotenant dies if. Typically the estate of the tenant will take over our experts say but if there is no estate in place there are a few possible alternative courses of action. Nrs 118a3401b can a tenant terminate a lease because of the death of a spouse or cotenant.

With a month to month lease official notice of the death generally ends the lease although state law may vary. If the tenant had a month to month lease agreement notice of the tenants death acts as the end of the lease and the executors responsibility ends 30 days after the tenant last paid rent. The deceaseds estate not the heirs remains on the hook legally for unpaid rent through the end of the lease.

However many landlords will end the lease once all remaining belongings of. And yes under the law unless you have a clause in the lease that terminates the lease on death the estates obligation to pay rent does not cease with the death of the tenant. After sylvias death in january of 2017 the landlord went to court and filed proceedings to take possession of the premises.

Within thirty days after the mailing of the request or the additional information requested by the landlord whichever is later the landlord must send notice of his election to terminate the lease or to grant or refuse his consent. The plaintiff claimed that the death of sylvia malakoff meant the lease was in default. The cotenant moved to the rental property at the same time or after the tenant who must relocate for care or treatment signed a lease.

Standard leases contain information about heirs and successors. In the event of death of the primary tenant the estate is responsible for the lease and future rent payments says dennis hughes a broker with corcoran. Most of the time the deceased tenant is liable for the remainder of the lease term unless the lease was month to month.

West virginia landlord tenant law has a specific statute that directs landlords on the issue of death of a tenant w. While you could keep the unit vacant and seek rent from the decedents executor most landlords want to get the unit re rented as quickly as possible. Most state laws say that the deceaseds estate is responsible for paying the entire amount due on the contract.

As a landlord you will need to make some decisions about the rental property most likely after speaking with family members of the deceased. Within 10 days after the mailing of the request the landlord may ask for additional information. C the death of remaining tenant sylvia malakoff.

Why you might keep a tenant security deposit after death.