Landlord Passed Away,Now What?

[SandraM36]

What is the name of your state? Florida

My landlord passed away back in July and since then no one in her family has contacted me in regards to the rent payments. Id always paid rent on time and usually i'd mailed her the rent check.Well On August 1st I'd mailed my rent check and after two weeks i'd notice on my bank account that the check was never cashed.I'd called her but no answer.About a week later the lawn guy that mows the lawn that works for the landlord told me that she died sometime in July and he wasn't going to mow the lawn after this visit because he saw on the newspaper that she died.I tried reaching out to her family and her spoke to her son,her son told me that he has no idea what they're going to do with the house that I rent.I'd asked him if he was going to start collecting my rent payments and said no and that he doesn't want nothing to do with the house! So for 2 months now i'm living rent free and I have no idea to do! I'm thinking about moving but I have $2,700 security deposit that Id paid to her and I need that back if I move out.I'm now paying the lawn guy $80 a month to mow the lawn and she always took care of that mt rent included it.So what can I do? I'm going have to move but I want my security deposit back after I move.Also I'd tried reaching out to the son again recently (last couple weeks) and he not answering my text messages or voicemails. The only text that I got back from him about a month ago and he texted me back saying that he doesn't know what the family is planning on doing and that he lives in Ohio and that the family don't want the house.I'd also asked about my security deposit and he never answered my question about it. Now what???

 

[Zigner]

How have you been living "rent free" - I mean...I'm sure you've been setting aside your rent payments so that you can pay every dime you owe once this is sorted out, right?

 

[Just Blue]

What is the name of your state? Florida

My landlord passed away back in July and since then no one in her family has contacted me in regards to the rent payments. Id always paid rent on time and usually i'd mailed her the rent check.Well On August 1st I'd mailed my rent check and after two weeks i'd notice on my bank account that the check was never cashed.I'd called her but no answer.About a week later the lawn guy that mows the lawn that works for the landlord told me that she died sometime in July and he wasn't going to mow the lawn after this visit because he saw on the newspaper that she died.I tried reaching out to her family and her spoke to her son,her son told me that he has no idea what they're going to do with the house that I rent.I'd asked him if he was going to start collecting my rent payments and said no and that he doesn't want nothing to do with the house! So for 2 months now i'm living rent free and I have no idea to do! I'm thinking about moving but I have $2,700 security deposit that Id paid to her and I need that back if I move out.I'm now paying the lawn guy $80 a month to mow the lawn and she always took care of that mt rent included it.So what can I do? I'm going have to move but I want my security deposit back after I move.Also I'd tried reaching out to the son again recently (last couple weeks) and he not answering my text messages or voicemails. The only text that I got back from him about a month ago and he texted me back saying that he doesn't know what the family is planning on doing and that he lives in Ohio and that the family don't want the house.I'd also asked about my security deposit and he never answered my question about it. Now what???

I hope you are setting aside the rent in an account. Guaranteed the estate will come after you for all missed payments + fees.

 

[adjusterjack]

Save up your rent money until it reaches $2700, then move and you'll be even.

Resign yourself to never seeing the security deposit money so make sure you are keeping the rent money segregated from your usual living expenses so you have the cash to move when the time comes.

Just thought of something else. Check your county's probate court to see if your LL's name comes up. If probate has been opened, you'll be able to get the name of the representative of the estate who is likely more interested in the disposition of the house and the rent money. If the LL lived in a different county, check that county probate court as well.

 

[Zigner]

Save up your rent money until it reaches $2700, then move and you'll be even.

Resign yourself to never seeing the security deposit money so make sure you are keeping the rent money segregated from your usual living expenses so you have the cash to move when the time comes.

Considering the OP has (likely) already become more behind in rent than his security deposit will cover, I'd say the OP is in a bad place. Once the folks dealing with the estate get things straightened out, they will figure out that the OP owes a fair amount of money...especially if s/he moves.

 

[LdiJ]

Save up your rent money until it reaches $2700, then move and you'll be even.

Resign yourself to never seeing the security deposit money so make sure you are keeping the rent money segregated from your usual living expenses so you have the cash to move when the time comes.

I agree. Live there until the saved up rent equals your security deposit.

 

[FarmerJ]

If your going to live there till you have saved up 2,700 from not paying rent then make sure you leave the house clean , by clean I mean reasonably clean, make sure you call the city water department and get a final bill done if you paid your water then turn off the houses water main valve on your last day, Same with gas , if you use natural gas have the gas shut off or shut off the houses main gas valve . If the house has electric hot water tank shut the breaker off and maybe use a hose and drain the tank to the yard. Take pictures of how nice and clean you leave it and lastly before you move out your county property tax desk can tell you what address they mail tax bills to and you could mail via confirmed mail delivery to that address your keys and address the envelope to the estate of ( LL name) Why do those kind of things Well mailing the keys via a means that gives you a receipt like confirmed mail delivery gives you something to fall back on if questioned by the estate as to where the keys are, pictures would be for your record showing the homes final condition. , cleaning it would spare you the estate from coming after you for cleaning expenses, Keep your mowing receipts too as well as don't toss out your last copy of the lease you have it may be handy.

 

[HRZ]

Well as others post above, the practical issues may be more important to consider than the fine points of the lease obligations . You may be able to camp out immediately far longer than you think ...and at the end do a bit of barter for the accumulated rents due in return for a quiet exit. The deceased LLs heirs seem a bit lax in getting probate moving .

You owe the rents in question and under idea conditions you should take the high road, follow the Golden Rule .

Without checking FL law, may guess is any new LL/owner is obligated to return security even if seller never transferred it...and you would owe the new owner the rents for the time he or she owned it . How the executor handles the current rents is sort of up to executor .

While return of keys is regarded by many as surrender of the unit ...be careful, surrender actually requires both sides to act and a unilateral sending of keys might not cut it IF the estate is aggressive about enforcing the lease and you under paid or left damages . UNilaterall surrender does not cut off owners rights to pursue any damage issues...as others post ..leave the place in darn good shape with good records to show same .

BTW when does your lease end and what notice requirements exist? Both sides are supposed to follow the lease.

Many an owner likes a reliable tenant ...and if you pay attention to being straight with estate you might be able to extend your tenancy quite a bit ..and have it in writing ...consider same ?

 

[LdiJ]

Well as others post above, the practical issues may be more important to consider than the fine points of the lease obligations . You may be able to camp out immediately far longer than you think ...and at the end do a bit of barter for the accumulated rents due in return for a quiet exit. The deceased LLs heirs seem a bit lax in getting probate moving .

You owe the rents in question and under idea conditions you should take the high road, follow the Golden Rule .

Without checking FL law, may guess is any new LL/owner is obligated to return security even if seller never transferred it...and you would owe the new owner the rents for the time he or she owned it . How the executor handles the current rents is sort of up to executor .

While return of keys is regarded by many as surrender of the unit ...be careful, surrender actually requires both sides to act and a unilateral sending of keys might not cut it IF the estate is aggressive about enforcing the lease and you under paid or left damages . UNilaterall surrender does not cut off owners rights to pursue any damage issues...as others post ..leave the place in darn good shape with good records to show same .

BTW when does your lease end and what notice requirements exist? Both sides are supposed to follow the lease.

Many an owner likes a reliable tenant ...and if you pay attention to being straight with estate you might be able to extend your tenancy quite a bit ..and have it in writing ...consider same ?

All of that is good and well, but the only family contact that the OP has for the landlord is making it clear that they want nothing to do with the house. That tends to indicate that the house does not have any equity (maybe upside down on a mortgage or reverse mortgage).

Unless the landlord had significant other assets that must go through probate the potential heirs can choose to walk away from the estate, therefore walking away from the debts of the estate as well. (OP's security deposit being one of those debts).

 

[HRZ]

In theory a FL LL is required to keep security deposit in a separate account. It remains property of tenant.....in practice it may be commingled with owners other assets or lack of same.

I'd not rule out that OP can coast in the unit for a good while until debtors close in on home if the potential heirs walk away ...but use your own crystal ball.