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Tenant dies on 5/4. May rent is already paid. Family doesn't get all the deceased's stuff out of the apartment until June 30. Shouldn't the estate be on the hook for at least the June rent??
Tenant dies on 5/4. May rent is already paid. Family doesn't get all the deceased's stuff out of the apartment until June 30. Shouldn't the estate be on the hook for at least the June rent??
Without trying to be morbid, I think that the apartment would not be considered vacant; this would be similar to the case where people travel for long periods of time: if the rent is due on the first of the month, then that is when the landlord should be paid, no matter what the circumstances.
Tenant dies on 5/4. May rent is already paid. Family doesn't get all the deceased's stuff out of the apartment until June 30. Shouldn't the estate be on the hook for at least the June rent??
Yes. Legally they should be on the hook for the full lease, but the landlord has an obligation to try and find a new tenant as soon as possible.
What if tenant dies, has paid rent upfront for entire lease, has 5 more months on lease, there is no will (no court appointed representative), the family has removed all personal property? Has the lease terminated? How does the Landlord get a court order to state the lease has terminated?
I am no lawyer but here is what I would do: enter the home, clean it thoroughly boxing any tenant property you find and put that in a closet. 5 months are too few to expect the family to have resolved the estate so for all practical purposes it will sit vacant. Because it is vacant you will need to enter it periodically to make sure that nothing is leaking an no critters (four or two legged) have moved in.
Do not permit any family members to occupy or even enter the residence without the order of a judge. I would change the locks. Your lease may state that any other tenant must go through a background check of some type (I hope), make sure you maintain control of the property.
The lease may require that the tenant pay certain utilities and that failure to do so will result in termination of the lease. If you have that option I would do that by notice in your newspaper were legal notices are published.
What if tenant dies, has paid rent upfront for entire lease, has 5 more months on lease, there is no will (no court appointed representative), the family has removed all personal property? Has the lease terminated? How does the Landlord get a court order to state the lease has terminated?
I'm not an attorney, so take this as you will. Your lease should state who is allowed to enter the property and remove belongings if tenants over 18 years old have died. The contracts state this, and if there are multiple tenants, each tenant can list someone, usually a parent or sibling.
As for the upfront payment, I would get the stuff out, get it cleaned, and then go ahead and market it for lease again. If it takes 1 month to lease it, deduct 1 month from what was paid, and refund the family. If it takes 3 months, deduct 3 months... I would not leave the property vacant and wait out the lease. That doesn't make sense. More harm can be done with a vacant property than an occupied property.
Treat the family with respect, like you would want to be treated. Take what is fair, and give the rest back. That's the property, humanitarian thing to do. You shouldn't need a court order to allow relatives to remove the belongings, as it should be stated in the lease who can enter.
You could always put the items in storage and try to get the unit rented quicker. I don't know if you would be able to collect the rest of the rent from the estate, it would probably be best if you get it rented asap.
Treat the family with respect, like you would want to be treated. Take what is fair, and give the rest back. That's the property, humanitarian thing to do. You shouldn't need a court order to allow relatives to remove the belongings, as it should be stated in the lease who can enter.
I understand what you're saying, but a LL needs to be wary of just any relative coming into the apartment to remove stuff. Susie might help herself to Mom's diamonds when the ( as yet unseen) will states Someone else is to get them.
I can't believe I'm reading this, had to read it twice. Check with an attorney if you are that concerned about the "missed" rent. If your tenant was the only person who signed the lease or rental agreement, then it's over. His estate has no obligation to you.
Let the people in to gather their loved ones' belongings, and bite the bullet. These things happen when you are a landlord, man up.
Quote:
Originally Posted by CptnRn
Not true, it is the executors responsibility to settle all of the affairs for the estate, including all contracts and debts.
Someone repped me on my previous comment, which prompted me to do some additional research, which I'm sharing below. I have taken a particular interest in this because last year I had to be executor for two wills, one in Texas and one in Arizona. I was surprised by some of the differences. For example in AZ Chase Bank wrote of the balance due on a credit card account. AZ also has a beneficiary deed (has to be executed, witnessed and filed in advance) which allowed Mom's house to transfer directly to the heirs, bypassing probate.
Like so many things regarding landlord - tenant obligations, it depends on what your state laws say.
If the tenant dies while renting a privately owned condo, what is expected of the lease?
A: Interesting question. Put another way, you seem to be asking if the landlord has a valid claim in probate for the unfulfilled lease obligations of the estate.
Let’s take a step back a bit, define some terms, and discuss how this works:
When an individual passes away, most of the assets belonging to that individual become part of that individual’s estate. The assets have to be distributed somehow, and this is done under state laws in a process called probate. During this process, the courts – basically a group of lawyers who sit around meeting rooms going through files – notify known beneficiaries and creditors, and attempt to settle accounts.
The idea is generally to pay the lawyers’ fees (funny how they put themselves first in line), the IRS, state and local revenue officials, banks, credit cards and any other creditors out of the estate funds.
Only after this process is complete do probate officials distribute the remaining assets to heirs. If there is a will, the will is the governing document.
The critical question from the landlord’s position is this: Can you file a claim against the deceased’s estate for unfulfilled lease obligations?
As with most probate issues, this is a matter for state law. In your case, we need to turn to Texas law. And yes, under the law, unless you have a clause in the lease that terminates the lease on death, the estate’s obligation to pay rent does not cease with the death of the tenant.
The deceased’s estate (not the heirs!) remains on the hook, legally, for unpaid rent through the end of the lease. However, you have the duty to mitigate damages by making reasonable attempt to re-rent the unit.
You can find what Texas law specifically says in the Texas property code. I think the primary issue regarding the estates obligation to the lease is what I underlined below. Any Texas landlord facing this situation should read the full text of the code and make sure it is properly addressed in your lease.
who is the sole occupant of a rental dwelling:
(1) the landlord may remove and store all property found in the tenant's
leased premises;
(2) the landlord shall turn over possession of the property to the person
who was designated by the tenant under Subsection (a) or (b) or to any other
person lawfully entitled to the property if the request is made prior to
the property being discarded under Subdivision (5);
(3) the landlord shall refund the tenant's security deposit,
less lawful deductions, including the cost of removing and storing the
property, to the person designated under Subsection (a) or (b) or to any
other person lawfully entitled to the refund;
All "lawful deductions" included in the lease can be withheld by the landlord, and the estate remains obligated to the lease until a new tenant can be found.
Last edited by CptnRn; 12-12-2015 at 10:20 AM..
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