0
I'm no lawyer but...
The estate of the deceased tenant should pay any debts before disbursing the money to beneficiaries. The landlord should file a claim against the estate.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
What does the landlord require to do after a tenant dies from health issues in the home before renting it out again?
The landlord must prepare the unit for rent as he would if the tenant moved out. In some states, if a tenant dies in the unit of a homicide or suicide, or was found in advanced decomp, the Landlord must state this to the potential tenant if such death occurred within the past eighteen months before any tenants move in, or the tenant can break the lease and sue the landlord for omission of a material fact.
Original tenant dies and her siblings and son are in the house The siblings sign a lease with the landlord Can the landlord terminate the lease after running a background check?
Once a lease is mutually agreed upon (signed by both sides) it generally must be honored. But if the landlord asked the potential new tenant if he has a criminal record, that tenant denies such, and it is found out later that he has one, yes: the landlord can terminate the lease for fraud.
Is the tenant responsible for replacing lawn if he has watered and weeded and still the lawn dies?
Absolutely not!!! I am a landlord and I would be grateful to any tenant that attempted to keep the lawn up...the property owner is responsible...not you!
What should a tenant to with the rent money when the landlord passes on?
If a landlord dies then the property becomes part of that landlord's estate until it is settled, normally by a Will administrator. You should still make your checks payable to the landlord and pay your rent on time. The landlord's administrator will give you further instructions if they change. It could take about a year for this to happen. When a person dies and has a sizable estate, typically of over $100,000, the estate gets into probate, a judicial process by which a will is administered after an ample period of time that is given to creditors to file a claim against the estate and for the administrator to dispute such claims if necessary. Eventually the property is sold or given to an individual. If you are still there as a tenant, instructions will be given for you to make payments to that particular landlord. Alternatively you can hold the money in escrow, but do not spend it.
What are the landlord rights if tenant dies?
Landlord has to relinquish the rights of the family to enter the unit for the purposes of gathering belongings. If the family continues to pay the rent then they can keep the unit (but not live in it) for another month or the remainder of the lease in some cases.
Who does tenant pay rent to after landlord dies?
It depends. If the landlord is a single person, you would probably pay to the estate or to a spouse. If the landlord is an employee for a corporation, you would probably pay to the corporation. BUT, it just depends. Without know the exact details, it's difficult to give you a good answer.
Can anyone claim the share of a deceased joint tenant deed?
No. When two people own property as joint tenants with the right of survivorship and one dies, the interest of the decedent passes automatically to the surviving joint tenant. When the surviving joint tenant dies the property passes according to their will or according to the laws of intestacy if they die intestate.
Can a landlord sue an estate after someone dies?
In most cases the debts of the deceased are the responsibility of the estate. If the landlord has a valid claim, they can bring suit to collect. Consult a probate attorney in your jurisdiction for help.
Does a landlord have a right to hold back a security deposit if the tenant dies?
Death of the tenant terminates the tenancy. The landlord should handle the security deposit according to the law, which likely means forwarding it to the estate. If rent is owed, the landlord could apply the deposit to the arrearage, and so notify the executor. There is an argument that the decedent owes rent for the next month (in a month-to-month tenancy) or the remainder of the lease (if there is a lease). However, the landlord has an obligation to try to rent the unit.
What does it mean if a landlord gives a tenant lifetime rights to a house at the time of his death?
It means that there is a written (signed and notarized) document in which the landlord has deeded the house to the tenant for as long as he lives, and that document is recorded like any other deed. For example, the landlord A could give the property to tenant B "for B's life", meaning that A would get it back when B dies, or A's heirs would get it back if A had died by that time. Alternatively, "A to B as long as B lives, retaining a life estate for A" would mean that B only owns it after A dies and then A's heirs get it back when B dies. It would be cleaner to put it into the will as "to B for life, then to C." That way A retains complete ownership until he or she dies, B gets lifetime right of ownership and C gets it after that.
Are signed lease agreements valid after a landlord dies?
Valid. Valid. Valid if there is someone to enforce it like a family member, trust, heir or lawyer. Y-THINK-Y
If the tenant dies before lease is up?
Most leases have provisions that automatically terminates the lease in favor of the deceased tenant. However if the unit is damaged beyond normal wear and tear then the landlord may still keep the deposit.
