RENTAL FUNDAMENTALS – What If My Landlord Passes Away During My Lease?
What happens if your Landlord passes away during the term of your lease?
This does not mean you receive a free place to live! Typically, you will need to continue to pay rent to the estate. The Personal Representative of the estate will handle the financial affairs of the estate such as collecting rents, signing leases, etc.
Warning: There may be a transition period between the death of the Landlord and the appointment of the Personal Representative. It’s prudent to put the rent into a separate account during this transitional period, or alternatively, you can send the rent to the Landlord’s Attorney (if that information is known).
Remember, the Personal Representative would have the power to enforce the lease just like the original Landlord. You should also send the same notices you would send to a Landlord if they were alive. Any disputes within the Landlord’s estate are immaterial to your obligations as a tenant. If the Landlord had a trust, the transition would be much smoother and any rental payments would be paid to the Trustee.
The information presented in this “Tuesday Takeaway” is intended for informational purposes only. This information should not be used as legal advice applicable to a specific situation. In addition, our provision of this information to an individual in no way constitutes an attorney-client relationship.