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  1. #1
    clenormand is offline Junior Member
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    Death of a tenant

    What is the name of your state? Washington
    What provisions are there in the law for the death of a tenant. They paid first,last and a deposit when they moved in. Now the landlord does not want to refund the last months rent because they did not receive a 30 day written notice. The origional rental agreement was a 6 mo lease that converted to a month to month at the end of the six months. The tenant died suddenly on the 15th of march. The landlord was notified via telephone of the death. All personal property was removed and the unit cleaned by the 31st. Can the landlord withhold the last months rent?
  2. #2
    BL
    BL is offline Senior Member
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    Was the deposit equal to one months rent ?

    Was the deposit returned ?

    Absent any other damages that could be taken from the SD ( If equal to one mos. rent ) , the LL should have kept the SD and refunded the last months rent .

    Either way , if you were refunded one months rent , that's fair .
  3. #3
    clenormand is offline Junior Member
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    The deposit was 300.00 the last months rent was 750.00 so as of now the LL is holding 1050.00. My main questions is does the LL have the right to keep the 750.00 last months rent? If not, how do I go about getting it back as the LL has already stated he isn't going to refund it.
  4. #4
    ecmst12 is offline Senior Member
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    You will have to take him to court to get it back. I think it's awfully petty of him to try to hold it. Whoever has the right to sue on behalf of the deceased will have to bring the action.
  5. #5
    clenormand is offline Junior Member
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    Thank you for all of your help. I was afraid that taking the LL to court would be the only option.
  6. #6
    BL
    BL is offline Senior Member
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    Search your state's Landlord tenant law , about how these fees are suppose to be used on month to month tenancy .

    Could be the LL has a right to keep the SD , but would have to sue for the last months rent ( difference ) , if not allowed to do so from last months rent .

    The more you know the better prepared you'll be in court when you file .
  7. #7
    ecmst12 is offline Senior Member
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    The poster got good advice. Asking for advice on a message board is NOT a substitute for doing your own legal research.
  8. #8
    BL
    BL is offline Senior Member
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    Quote Originally Posted by tigerlilly View Post
    WTF?
    This is a legal forum, the topic is Real Estate Law/Landlord Tenant Issues.
    Seh indicated what state she is from. And you tell her to research the landlord tenant laws, and the more she knows the better prepared she will be in court.
    LMAO! I'm sure she appreciates YOUR help and expertise.
    What advice did you contribute ?

    None .. And it's she , not seh .
  9. #9
    BL
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    Quote Originally Posted by tigerlilly View Post
    People come here not only to contribute advice, but to GET advice, and to read threads for their own reasons or for no reason. I don't have to justify myself to you. I don't expect you to acknowledge being of no help to th OP, but to focus on a type is even more pathetic. You bounce around and post all over the place giving worthless advice and blathering on about things that have nothing to do with what the person is asking.

    Anyway, hope you feel better. Next time, leave it to the experts and people who have some knowledge and are trying to actually help. Thanks.
    Go away troll of 5 post .

    Again , what did you contribute ?

    What's even more pathetic is you highjack a thread with worthless crap .
    Blabbering , look in the mirror .

    This isn't play day on yahoo or something similar .
    Last edited by BL; 04-02-2008 at 11:39 AM.
  10. #10
    BL
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    Quote Originally Posted by ecmst12 View Post
    The poster got good advice. Asking for advice on a message board is NOT a substitute for doing your own legal research.

    Thank you ...
  11. #11
    Searchertwin is offline Senior Member
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    Refund

    Quote Originally Posted by clenormand View Post
    The deposit was 300.00 the last months rent was 750.00 so as of now the LL is holding 1050.00. My main questions is does the LL have the right to keep the 750.00 last months rent? If not, how do I go about getting it back as the LL has already stated he isn't going to refund it.
    I would say, he has every right to keep the rent..this should continue as a normal rental agreement...and the deposit the same...(this is sad),... I would keep the deposit and return the full month rent, but that's me..I would use the deposit to help pay for cleaning, unpaid rent...etc...
    You have to look at the other side, the LL is out of money as well as you being out of the money to...
    But as indicated, research is the best advice as given..take care
  12. #12
    BL
    BL is offline Senior Member
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    The general rule is that in the absence of a contrary lease provision, the death of tenant or landlord does not terminate the lease and does not terminate responsibilities under the lease. Thus at the death of the landlord, the tenant continues in the same relationship to the landlord's successor.

    Upon the death of the tenant, "the estate of a deceased tenant is liable for rent, particularly under a lease imposing its liabilities on the personal representatives or successors of the parties."

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