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No they can't, only people on the lease can reside. The roommate would have to sign a new lease.
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∙ 12y ago
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Can you break an apartment lease when the tenant dies if there is a 1 or 2 yr lease and the tenant dies unexpectantly is the estate resposible for the balance of the lease?
Depending on the state laws. Ohio is NO. Unless written into the lease as a clause clearly indicating the loss of life factor, then the end of the life is the end of the lease. The use cannot continue once the original lease holder dies. This is not necessarily true for property leased for a business. The business assets may be required for lease fulfillment then but NOT for lease of residential.
After a parent dies can adult children be held responsible for an apartment lease or the condition of the apartment?
Only if your name is on the existing lease. The parents estate can be held responsible for damages, but the lease itself is simply void upon death if no one on the lease is left alive.
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
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.
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.
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.
You inherited rental property Do you need to write a new lease for tenants?
Generally, the current lease under which the tenant resides goes with the property. If the owner dies that lease continues until its expiration date. The heirs could offer to buy out the tenant and provide moving costs. There may be an exception if the heirs desire to occupy the property. Landlord and tenants rights in this case should be discussed with an attorney.
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.
Does a cosigner have to pay the rent when tenant dies suddendly?
I'm pretty sure the cosigner doesn't have to pay it. If the tenant dies suddenly, I wouldn't think his/her family would be obligated to pay the rent, because I'm sure they would move everything out when the tenant dies.
Is Joint Tenant the same as right of survivorship?
Yes, joint tenancy and right of survivorship are closely related concepts. Joint tenancy refers to multiple owners holding equal shares of a property with a right of survivorship, meaning that when one owner passes away, their share automatically transfers to the surviving owner(s).
Can an administrator of estate be denied lease renewal option if their only right to tenancy is unexpired lease of decedant?
Under most circumstances, the demise of the tenant signals the end of the tenancy, even if he is in the middle of the lease. Death is an uncontrollable act and therefore cannot be regulated in the lease. Some states make exceptions to this rule if it specifies that if a tenant dies the landlord may be remedied under the law. If the administrator of an estate wants to occupy the premises he can do so under his own tenancy. The administrator of an estate cannot renew a lease for a decedent: the purpose of the administration is to settle the estate, so an administrator/executor cannot resume the tenancy of a dwelling as if the decedent were still alive. So the administrator of an estate would just be considered a new tenant if he wants to occupy the premises.
When a life tenant dies with a will and property is willed the children is that property part of the estate?
A life estate expires when the life tenant dies. A life tenant doesn't own the property, it doesn't become part of their estate and therefore they cannot leave it to their heirs in their will. When a life estate is set up in a deed or will there is also a 'remainderman' who will own the property when the life tenant dies.
