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You are wrong. In the event of death in Colorodo, the lease terminates unless there is a clause stating something else.
As I said in the beginning of this thread, the OP should verify what is required in his state, as it varies from state to state. And by verify, I mean actually read the law or consult an attorney. Not just go by what opinions are stated here because they can be very misleading and full of misinformation.
The OP should check his homeowner's policy. He just may have rent-loss coverage in case of death of tenant, not all loss requires damage.
Personally, I don't believe the loss would be thousands if the OP was quick to get it back on the rental market. He may even get more rent, depending up where the property is. Keep the security deposit and let the family grieve in peace. The lawyer will cost you more than your rent loss.
It is not necessary to hire a lawyer in order to file a claim in small claims court.
I had the misfortune of discovering the body of one of my tenants today. I called the police and the coroner came and took the body away. The coroner said he will contact the family and that I should be receiving a call from them.
What do i do at this point? If a family member wants to come gather his belongings do I need a court order/ will document or something from them before I let them in the apt? He was under contract for 6 more months - his estate is liable for the remainder of the contract, correct? How do I know which family member to deal with in negotiating something? Any advice would be appreciated!
My advice is to stop and think how YOUR family or YOU would feel if some landlord wanted the rest of the lease from YOUR dead family member.
Moderator cut: personal - off topic
I'm a Mr. Dick so I'll ask. OP, was he dead for a long time and caused any damages as a result of this? If so I would file a claim even though someone posted that the contract is terminated once someone dies.
My advice is to stop and think how YOUR family or YOU would feel if some landlord wanted the rest of the lease from YOUR dead family member.
If he had no family or they didn't care about him then who's to care? If there were real damages to the apartment then I would go after him. If it's just a case of losing rent for the term of his lease agreement then I agree with you.
As I said in the beginning of this thread, the OP should verify what is required in his state, as it varies from state to state. And by verify, I mean actually read the law or consult an attorney. Not just go by what opinions are stated here because they can be very misleading and full of misinformation.
As per #7 the moderator moved it from the Colorado forum. So FYI here is the link.
I'm a Mr. Dick so I'll ask. OP, was he dead for a long time and caused any damages as a result of this? If so I would file a claim even though someone posted that the contract is terminated once someone dies.
Do y'all think that comes under the title of "normal wear and tear".
My advice is to stop and think how YOUR family or YOU would feel if some landlord wanted the rest of the lease from YOUR dead family member.
My grandmother is almost 80. She just renewed her lease at her apartment in October.
If she died tomorrow, the first thing coming out of her estate would be the balance of her lease to her landlord, because she is an adult and signed a contract in which she agreed to pay for twelve months' rent.
Last edited by Marka; 01-10-2011 at 12:28 PM..
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