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How in the world could it possibly be legal for someone who didn't sign a contract to be responsible for someone else who did?
Right, that's what I want to know.
So this is what humanity has come to, the mighty buck. It is sickening that another person can even have the nerve to do this to someone that has just lost a loved one.
This story is just so silly. According to the story, this is common practice in that town. I am astonished that people have been complying with such a ridiculous demand from landlords.
A landlord might have a chance against an estate if the heir continued to occupy the property or refused to turn over the property to the landlord, but that is not what happened in this story in York. In this story, the mother died on March 18 and she was paid thru the end of March. The son cleared out the apartment within by March 20 but the landlord still demanded April. If the landlord chose to sue the estate, he/she'd have to get in line with all of the rest of the creditors. That is not what the landlord in this story is doing.
sskkc and NEOhio are right. You can put anything you want in a lease but that does not make it enforceable. You cannot enter a contract binding someone else without that parties's consent. I can write into a contract that Donald Trump is my heir and will be resposible for all my debt after I die but I doubt the Donald will pay my next month's rent after I die.
But everything I have seen says this isn't the case. Of course the estate may be held liable, but that is different from an individual.
Under the law, the man acted as his mothers representative on her behalf, by law the LL can charge the entire months rent without pro-rating. Although the 30day notice statement is where the LL went wrong.
Legally, you must be appointed personal representative. It does not even sound as if that happened, All the son did was tell the landlord his mom died and the landlord would have the apartment back in two days.
She is also dead. It would be a legal imposibility for him to act as her personal representative. He could act as executer/personal representative of her estate . But that is not what this is about. The landlord is attempting to enforce a liability against the son personally, not against the deceased's estate. That is not within the law.
This defines it better, legally then if he's not the executor would he be unable to enter or retrieve her personal belongings, just random thoughts.
Quote:
Originally Posted by NewinScal
Legally, you must be appointed personal representative. It does not even sound as if that happened, All the son did was tell the landlord his mom died and the landlord would have the apartment back in two days.
She is also dead. It would be a legal imposibility for him to act as her personal representative. He could act as executer/personal representative of her estate . But that is not what this is about. The landlord is attempting to enforce a liability against the son personally, not against the deceased's estate. That is not within the law.
I'm sorry that the son has had to deal with this but no amount of chest-thumping, crying foul and outbursts of indignation from anyone is going to alter the plain fact that the clause I quoted earlier, viz:
"The terms of this lease shall be binding upon the heirs, executors, administrators, and successors of both landlord and tenant in like manner as upon the original parties. However, in event the lease is for more than one year, the heirs or successors of the tenant shall have the option to give written notice of termination effective at the end of the lease year in which death occurs."
is part of contract law, perfectly legal and absolutely enforceable. I'd suggest to all those who disagree so strenuously that they contact an attorney for confirmation.
The same goes for the other side, as this clause notes. If a LL passes away, his or her "heirs, executors, administrators and successors" are likewise bound by the law where a tenant's right to occupancy is concerned until the end of the lease year.
Last edited by STT Resident; 04-29-2010 at 01:41 PM..
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