What is the name of your state? Florida
Good evening! And thank you for taking the time to read my questions! : )
My Father-in-Law passed away late July and we are having problems with his landlord. Although the lease was VERY sparsely written and did not cover termination due to death, he is trying to force us to pay (obviously from the estate) at least two months rent.
He is a shady man - we believe that he rents several apartments/condos, and rents in an at least 4 apartment building (which, we were told by the Dept of Consumer Affairs, would put him in the category of Business Affairs - but we cannot prove it at this time.
My SIL has cleared the apartment, cleaned it thoroughly and turned it back over to the LL. He has accepted the apartment, made no mention of the security deposit, and as I said, is screaming at us (literally) to pay the two months rent or he will force the estate to pay the remainder of the lease (approximately 6 months - it was loosely defined as a year-to-year).
As he is, as I said, a shady man, and it's possible that his faulty maintenance contributed to my FILs death (AC was not working - he had a heart attack - though FL doesn't require LLs to keep AC in good repair), we don't want to pay this man a penny more than we have to. However, as we are all grieving deeply for my FIL (he was a wonderful man), we would like to get this taken care of and behind us ASAP.
So I ask, does the lease not terminate *legally* upon his death? The Dept of Consumer Affairs says it does, but told us "we are not an attorney firm and can't give legal advice." But I can find no statute that states that case.
What exactly is his estate liable for, rent-wise? Again, I can find no statute that covers this.
And lastly, if his estate cannot afford the rent/penalties, will his belongings have to be sold off? His estate was modest in terms of $$, but rich in items of sentimental value. He was an avid genealogist and had found/purchased many family heirlooms (a 1800's infant robe for one, and his great-great-grandfather's pistol carried in the Civil War).
I really appreciate any guidance you could possibly give us!!!
Thank you very much!!
Good evening! And thank you for taking the time to read my questions! : )
My Father-in-Law passed away late July and we are having problems with his landlord. Although the lease was VERY sparsely written and did not cover termination due to death, he is trying to force us to pay (obviously from the estate) at least two months rent.
He is a shady man - we believe that he rents several apartments/condos, and rents in an at least 4 apartment building (which, we were told by the Dept of Consumer Affairs, would put him in the category of Business Affairs - but we cannot prove it at this time.
My SIL has cleared the apartment, cleaned it thoroughly and turned it back over to the LL. He has accepted the apartment, made no mention of the security deposit, and as I said, is screaming at us (literally) to pay the two months rent or he will force the estate to pay the remainder of the lease (approximately 6 months - it was loosely defined as a year-to-year).
As he is, as I said, a shady man, and it's possible that his faulty maintenance contributed to my FILs death (AC was not working - he had a heart attack - though FL doesn't require LLs to keep AC in good repair), we don't want to pay this man a penny more than we have to. However, as we are all grieving deeply for my FIL (he was a wonderful man), we would like to get this taken care of and behind us ASAP.
So I ask, does the lease not terminate *legally* upon his death? The Dept of Consumer Affairs says it does, but told us "we are not an attorney firm and can't give legal advice." But I can find no statute that states that case.
What exactly is his estate liable for, rent-wise? Again, I can find no statute that covers this.
And lastly, if his estate cannot afford the rent/penalties, will his belongings have to be sold off? His estate was modest in terms of $$, but rich in items of sentimental value. He was an avid genealogist and had found/purchased many family heirlooms (a 1800's infant robe for one, and his great-great-grandfather's pistol carried in the Civil War).
I really appreciate any guidance you could possibly give us!!!
Thank you very much!!