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Death of a tenant

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dhannah3

Guest
What is the name of your state? Texas

I rented my previous house to a grandmother on June 1, 2002. The lease was to end on June 1, 2003. I found out yesterday, from her daughter, that she dies 2 weeks ago. This is my first experience as a LL. She was a perfect tenant, no complaints, rent always on time, no damage, etc. The daughter is planning to be out by Sat and I have my Realestate agent looking for a new tenant. The rent, due on March 3, has not yet been paid. The daughter has said she will pay for the portion of March that they are still there. I have 1 month rent Security Deposit. I am planning on only keeping the part of the deposit to cover any rent for March that they are there and any cleaning expenses. However, what am I entitled to keep? All of it for a broken lease? All of it for all of March? Also, who do return the remainder of the deposit to? The daughter, or other siblings? Are their legal ramifications from giving the refund to the wrong person?

Thanks for any advise.

Damon
 


I AM ALWAYS LIABLE

Senior Member
dhannah3 said:
What is the name of your state? Texas

I rented my previous house to a grandmother on June 1, 2002. The lease was to end on June 1, 2003. I found out yesterday, from her daughter, that she dies 2 weeks ago. This is my first experience as a LL. She was a perfect tenant, no complaints, rent always on time, no damage, etc. The daughter is planning to be out by Sat and I have my Realestate agent looking for a new tenant. The rent, due on March 3, has not yet been paid. The daughter has said she will pay for the portion of March that they are still there. I have 1 month rent Security Deposit. I am planning on only keeping the part of the deposit to cover any rent for March that they are there and any cleaning expenses. However, what am I entitled to keep? All of it for a broken lease? All of it for all of March? Also, who do return the remainder of the deposit to? The daughter, or other siblings? Are their legal ramifications from giving the refund to the wrong person?

Thanks for any advise.

Damon


My response:

The daughter, or someone in their family, needs to Petition the court for Probate of your tenant's Estate. That way, whomever is appointment as the Administrator or Executor will be issued court orders concerning the Estate - - part of which will tell you to whom the deposit should go to. You cannot merely give the money to one of the family members without court orders; otherwise, you run the risk of giving the same to someone who may not be entitled, and remain responsible for the same amount to the person who is entitled.

Also, you cannot merely "keep" the whole amount due to a "broken lease." The lease wasn't breached. The tenant died. That, in the law of contracts is called "impossibility of performance" - - not a breach.

As for the rest of your concerns, and since you are in the business of being a LL, I would strongly suggest that you go to your nearest Barnes & Noble bookstore and buy a book on Landlord / Tenant law. That way, you'll be familiar with the do's and don'ts of the law.

Good luck.

IAAL
 

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