When a tenant dies can property management ask other tenants to leave?

[ericaroe11]

Kentucky
My grandparents and mother started renting a home in 2010. I was 16 at the time, so i was not on the lease, Since then my grandfather, mother and more recently my grandmother have passed away. My grandmother signed a new one year lease in october of 2016, she passed in November of 2016. We rent thorugh a property management company and have never met the owner. I was not on the newest lease as we were told it wasnt necessary but the rental property was well aware of mu living here along with my 3 children. Can the management property ask me to leave the home even if i am continuing to pay the rent on time?

 

[Zigner]

Yes, with proper notice for a month-to-month tenant.

 

[xylene]

Have you approached management about signing a lease of your own?

 

[adjusterjack]

Can the management property ask me to leave the home even if i am continuing to pay the rent on time?

HAVE they asked you to leave?

If not, why are you worrying about something that might never happen.

Beyond that, I agree with xylene. Ask management if you can take over the existing lease or sign a new one.

 

[ericaroe11]

I spoke with our management company and they are wanting me to become a qualified applicant and fill out an application. Since I have lived in the home since I was 16 i have NO rental history. I make about 500 less than they would want me to make but I have no outstanding debt and no credit. This home means alot to me and the thought of losing my home is weighing heavily on me. I've also only been at my current job for 3 months. I contracted with the same company off and on for about the last year but ive only been a full time employee for 3 months.

 

[justalayman]

Read the lease. Unless it states it terminates on death of the tenant, legally the lease continues until it expires. You could legally continue to pay the monthly rent without any other action.

 

[Zigner]

Read the lease. Unless it states it terminates on death of the tenant, legally the lease continues until it expires. You could legally continue to pay the monthly rent without any other action.

How is that? The apartment has been "abandoned" by the lessee...

 

[justalayman]

How is that? The apartment has been "abandoned" by the lessee...

You know darn well a contract does not terminate upon death unless such a clause is included in the contract. As to the tenant abandoning the apartment. Unless the lease specifies the lessee reside in the unit, as long as
Somebody inhabits the unit, it is not abandoned.


Would you say an apartment that has been sublet to another party would be considered abandoned such that it would breach the lease?

 

[Zigner]

You know darn well a contract does not terminate upon death unless such a clause is included in the contract. As to the tenant abandoning the apartment. Unless the lease specifies the lessee reside in the unit, as long as
Somebody inhabits the unit, it is not abandoned.


Would you say an apartment that has been sublet to another party would be considered abandoned such that it would breach the lease?

I would say that if someone sublets without permission, then the LL could evict said sublettor and the sublettor would have to seek compensation from the tenant.

 

[justalayman]

I would say that if someone sublets without permission, then the LL could evict said sublettor and the sublettor would have to seek compensation from the tenant.

Let's make it more analogous to the current situation

Lessee A signs lease. Lessee's daughter- tenant b lives with lessee A. Lessee A goes on a 6 month long around the world tour while tenant b remains in the apartment. Would you consider the situation such that lessee A has abandoned the unit such that it would allow landlord to sue to evict tenant b?

 

[Zigner]

Let's make it more analogous to the current situation

Lessee A signs lease. Lessee's daughter- tenant b lives with lessee A. Lessee A goes on a 6 month long around the world tour while tenant b remains in the apartment. Would you consider the situation such that lessee A has abandoned the unit such that it would allow landlord to sue to evict tenant b?

In your analogy, the lessee is going to return.

 

[justalayman]

In your analogy, the lessee is going to return.

Ok, let's say lessee signed a one year lease October 1 but left for a 10 month around the world excursion December 1 with there being an auto renewing lease?

 

[Zigner]

Ok, let's say lessee signed a one year lease October 1 but left for a 10 month around the world excursion December 1 with there being an auto renewing lease?

I suppose we could contrive hypothetical situations ad nauseam...

In any case, our OP is does not have a lease. The Lessee is dead. If the OP refuses to leave at the end of the (proper) notice period, do you expect that she will be able to prevail in an unlawful detainer suit against her in court?

 

[justalayman]

I suppose we could contrive hypothetical situations ad nauseam...

In any case, our OP is does not have a lease. The Lessee is dead. If the OP refuses to leave at the end of the (proper) notice period, do you expect that she will be able to prevail in an unlawful detainer suit against her in court?

I'm not sure. While you say op does not have a lease, there is still an intact and valid lease in place. Technically there is no unlawful detainer. Additonally landlord has acquiesced to accepting op and her(?) chikdren as residents. A contract does not terminate at death and as long as the payments
Are being made I don't see why it should be terminated. I suppose for fun, unless there is a clause prohibiting it, the PR for the estate could always assign the lease to the op.

 

[ericaroe11]

Yes, with proper notice for a month-to-month tenant.

What would be proper notice in KY. The December rent has been paid but they are saying we are essentially squatters since we weren't on the original lease but they had no problem taking our money. We didn't meet qualification requirements to sign our own lease.