renters and landlords... what if you die?

[Disneylush]

If your lease says you must give a 2 month written notice when you are moving out and you die without a notice what happens?

First off is your family responsible for paying 2 months of rent?

Secondly if there is no estate/money from the dead then where do you/they go for it?

Here is my situation: My grandmother got sick, was sick for 9 days before dying, Her funeral was on Tuesday July 28 and we had everything moved out and cleaned very well by Thursday July 30. We never asked for our deposit back (99.00) we just wanted to be done. We have now received a letter stating we are going to be taken to court if we don't pay because there was no notice given. We didn't sign the lease she did and she is dead. Anyone have any advise or experience.

TIA

 

[jedijill]

My condolances for your loss.

I've never seen anything in any of my leases about death. I do know that only the estate is responsible for any bills...not the family members. Do you have an attorney for probate? I would ask him/her for the exact answer in your situation/state.

HTH

Jill in CO

 

[clh2]

FWIW - I do not know the laws in your state. Heck I do not know them in my state.

I am sorry to hear about your Grandma.

Logically - unless someone cosigned the lease with her, no one should feel obligated to pay the rent. I am willing to bet the landlord is just trying to see what he can get from you.

If the landlord feels like he is owed money, due to the non-cancellation of the lease, I think he would need to file a claim against the estate. (I wouldn't tell him this BTW). If there is validity to the claim, I would think it would get worked out through the whole estate process, so if he is entitled to it, he would get it, and if he isn't, then he wouldn't get it.

 

[mom of princessx2]

We went thru this when my father died. All the employees at the apartment complex were so nice and caring during his illness but when he died they were going to sue the estate for 1 months rent and deposit for breaking the lease. I am unsure who they go after if there is no $ in the estate. My dad didn't have much but ours only amounted to about $750 and we just told the executor pay it and move on.

 

[TheRatPack]

I've looked up a few of articles on this and all of them say that the contract or lease dies with the tenant. I've never seen a lease agreement that says if you die that your family will cover the remainder of your lease....and wouldn't that require the signature of that family if there was such a contract?

I'd say they are trying to recoup their loss by any means and since your family cleaned out her apartment they think you're the responsible party taking care of any leftover bills....etc.

I'm sorry you're dealing with this on top of your grandmother's death.....what a terrible thing to have to face.

 

[CajunDixie]

You need to file an estate, even if there is no money. Then a legal notice needs to go into the paper. Anyone that does not send in proof that they are owed money from the deceased to the court is out of luck!

 

[ampooh]

I woudl assume the lease dies with the tenant too. I saw on the Clark Howard show a CC bill dies with the person who os on te account a and they couldn't go after the son (there was nothing in an estate to get)


I have a rental house and our lease is with a couple. The DH killed himself 13 days after moving in. His spouse has not been back at the house except to get clothes and move boxes off the front porch. DH and I assume she'll want to leave because it would be hard to live in the house where your DH did that. She still really has a lease since she signed it but we would never hold her to it. Just a respect thing.

 

[Beastlover]

Wow, how sad...sorry for your loss.

As for the lease, we have a rental house, and I would certainly not hold any family member to any terms of the lease. However, if the property had extensive damage, then I would want the estate to assume responsibility...but for rent?? No. I dont think I could.

 

[The Mystery Machine]

I would also think that the contract expires upon death.

If he wants to sue the estate, then let him. My guess is that he is just trying to get money out of you guys by taking advantage of things.

Sorry for your loss.

 

[donald&daisy]

In general death terminates all contracts. The estate shouldn't be liable for any amount past when the death occured and the apartment was vacated. If there is insufficient money in the estate they cannot come after you unless you expressly guarantee the estate in some way. It would be ridiculous for someone to take this to court.

 

[PrincessParty]

When my sister passed away in her apartment, the lease died with her. Because she was found DOA the police were involved. We were called to get her stuff and car, but nothing was ever said about the lease. I am so sorry for your loss.

 

[kacaju]

my great Aunt died on Jan 3rd (4 years ago) I was the executrix of her will. I contacted the building super (who already knew she had died) and I was told she had just paid that months rent, so we had the place for the month. They were *nice enough* to offer that if needed I could pay for Feb rent and take my time moving her stuff out. No thanks.. We cleaned out that place in the month and was able to get her deposit back.

 

[DebbieB]

My aunt died with several large credit card bills. She lived with her son and left no money in the estate. They bugged her son but he just gave them the phone # of the cemetary! He did have to file some paperwork for the estate but they never got any money from him.

 

[claudia]

so sorry for your loss.
Unless someone co-signed her lease, the lease ends with her death. Since there is no estate they have nothing to sue.....they cannot sue anyone other than the lessee for owed rent.

 

[DebbieB]

Did she have a will? It would need to be filed with the county. If you don't have an attorney, maybe contact a legal aid society for advice.

 

[kacaju]

My aunt died with several large credit card bills. She lived with her son and left no money in the estate. They bugged her son but he just gave them the phone # of the cemetary! He did have to file some paperwork for the estate but they never got any money from him.

My Aunt left an estate when she died. I called every place that she owed money to (phone, cable cc etc...) to tell them she passed away and to ask what the final payment would be so I could mail them the check.

2 months later I get a bill from collections claiming she owed $76. Now, I had already called the cc and got her final balance.

Called the cc and they couldn't help me because the bill was moved to collections. Collections was mean and tried to tell me I owed them the money. I said the Estate does, but you need to prove to me what the purchase was. They claimed they didn't have acess to her detailed bill, only that this money was owed.

Thankfully I had a lawyer that was working the estate with me so I finally gave up and handed the stuff over to the lawyer to deal with it.

The collection place was trying their hardest to get money from me. Now it was *only* $76 I wonder how many times they pull this off and because it is a small amount the estate doesn't pay attention and just pays it?

 

[jackskellingtonsgirl]

OP - I am sorry for your loss!

Our lease states that death does NOT negate the monies owed to the property company!

The language is very confusing. We thought about buying a house last year and breaking our lease. We would have lost all of our deposits AND owed 80% of one month's rent as a re-letting fee, according to the leasing office.

But it also says something in the lease about being held liable for the rent over the remaining months in the lease! Of course I am not sure how they can legally hold the family responsible for any unpaid debts if the tenant dies.

The neighbor below us just died this week, but we didn't know her well enough to go ask her family what the deal is.

 

[raysnkaysmom]

Alot of people are giving you good advice (I guess)....but all I can think of is -

What a %#(*$ JERK!

 

[jedijill]

Was this a corporate-run complex? I can totally see wires getting crossed where the local office knows what is going on but the computer just sees the rent hasn't been paid and another department starts collections.

I renewed my lease last month more than a month early but then noticed that they took an extra $50 when they withdrew my rent from my account....turns out the "computer" didn't receive notice that I signed a new lease and started charging me the month to month rate.

I hope this is all that is happening in the OP's case...if not, then shame on them.

Jill in CO

 

[Blue.Fairy2]

You need to file an estate, even if there is no money. Then a legal notice needs to go into the paper. Anyone that does not send in proof that they are owed money from the deceased to the court is out of luck!

exactly.

sorry for your loss and sorry about scum bag landlords !