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It's actually not "another person", it's her daughter and she live in that apartment right now (up to paid date); and she took care on her mom's stuff.
So she can't get the deposit?
So she didn't move out.
Is the daughter's name on the lease?
if not... then she is just "another person" in the eyes of the law.
This is still more a LL/tenant Q than estate.
But in any case if she is still there (presumably with her name on the lease now) then she isn't entitled to a refund of the deposit until AFTER she moves out.
She broke her lease the landlord should keep the deposit
Not necessarily. There are extenuating circumstances when a tenant's death is involved which is why a qualified real estate attorney should be consulted.
Not necessarily. There are extenuating circumstances when a tenant's death is involved which is why a qualified real estate attorney should be consulted.
If the daughter wasn't on the lease, than the daughter is not even allowed to enter the premises other than to be escorted for clothes or search for a will.
The security deposit can be kept if no rent will be paid upon getting all stuff out.
We dealt with a similar situation when a tenant didn't pay rent which was totally out of the ordinary and nobody informed us of her passing away. Since the daughter was named in the lease as a occupant, she had the right to enter which already had happened without our knowledge since she had been on that lease as sytaying there on and off since she was an overseas student.
We worked it out and the daughter actually told us to keep the security deposit which otherwise we still would have done for somethings we discovered and since they never took all furniture with them.
Hi my name is melissa! My mother passed on march 25th and she rented a house and her lease wasn't up and i asked the landlord if, i could get her deposit money back to take care of moving her belongings she told me she didn't have it and wasn't gonna give me any back although i'm the only member left and i'm in charge of everything now! My mom's house she rented is left cleaner than before she moved in am i entitled to that security deposit?
Hi my name is melissa! My mother passed on march 25th and she rented a house and her lease wasn't up and i asked the landlord if, i could get her deposit money back to take care of moving her belongings she told me she didn't have it and wasn't gonna give me any back although i'm the only member left and i'm in charge of everything now! My mom's house she rented is left cleaner than before she moved in am i entitled to that security deposit?
Your mother's estate is the legal recipient of any balance due from the security deposit so first you need to be legally named as the executor of that estate. The landlord has to conform to state laws about the security deposit.
The lawyer we deal with send out a newsletter a few months ago about this subject and basically we can't even let anyone into the property unless they were on the lease. No family and neither friends until it is legally determined who the legal heirs of the estate are.
There may not be any family member who will inherit anything but maybe a friend or a charity. If we would allow anyone in regardless of being a child or anyone else we are at risk of being sued by the legal heir if something is missing. I believe but not sure, that we have to wait 30-60 days to remove the stuff as a LL.
Without any rent coming in the security deposit can be claimed by LL.
Refund of Security Deposit when Tenant died (apartment, lease, legal)
my sister payed her rent on a month to month bases she payed her rent on the 3rd of march 2015 i the brother and i am the executor of her will found her passed away in her apartment on the 7 th of march i called the landlord after she was taken away i told him she had pass away.he told me he was not going to be around until that Wednesday but wasn't pushing to get her stuff out but he needs to get it rented. myself and some friends had all of her stuff out of the apartment by the 11th of march and we cleaned the apartment completely and took pictures of it.then i text-ed him and told him the apartment was completely cleaned.he said had thirty day to give up her deposit.but what should i do if does not give the deposit back.
... he said had thirty day to give up her deposit.but what should i do if does not give the deposit back.
Under state law (you didn't say which state you're in) he likely does have 30 days to return the security deposit as the return times vary from state to state but are usually between 15-45 days. However, in order to legally accept the security deposit (and in fact for him to legally send it to you) you need to be named your mother's Executrix. It's a simple enough procedure - contact an attorney.
If landlords don't return the security deposit, along with details of any deductions from it, within the time mandated by law, there are steps to take to recover it in every state. But first make sure you're in the right legal position to accept it - and demand it in due course if it's not forthcoming.
You'll find your state landlord tenant laws linked in the first "sticky" on this forum.
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Refund of Security Deposit when Tenant died (apartment, lease, legal)
