death & lease agreements

[dgdileo]

I live in Pennsylvania. my mother moved into an apartment during the summer (june 14)and entered into a year lease. In january she sent her rent check which covered the month of Jan 15-February 15. On Jan 9, she passed away. A few days later I notified the landlord of her passing (jan 11). that day he cashed th rent check. My brothers and I cleaned out her apartment -it was empty by Feb 6. we also shampooed the carpets. are we entitled to the security deposit? he claims he is keeping half for the rest of february and the rest for advertising to re rent. please advise

 

[nycitie]

No only the estate can sue the landlord for the FULL security deposit.

First he is not entitled to the 1/2 month of february...HE made the lease from the 15 to the 15th....

Second he has 30 day to make a full accounting to the estate, if he does not then you can sue for the full aount sicne he would nto be entitled to anything.

so basicially sit back and wait till march 15th, and see if you get a letter explaining the security deposit.

 

[Cvillecpm]

IGNORE NYCITIE....The lease is valid on your mother's heirs and assigns who would be you and siblings or her estate. Make a deal with landlord to take the deposit as "liquidated damages" for remainder of lease and be done with it.

Landlord can sue heirs and since he knows who you are, getting service on you for court documents is pretty easy for the remainder of the 5 months on lease....