Landlord Rights/Responsibilities

[bkzoner]

What is the name of your state (only U.S. law)? Maine

My father died in his sleep in his apartment. He left no will, and didn't appoint anyone as executor of his (nearly non-existent) estate.

My brother is left to deal with the issues as he lives much closer to where my father lived. Neither my brother, nor does anyone else have the means to pick up or store all of our father's possessions.

We need to know what the law is regarding a deceased tenant, and how long a landlord is required to hold my father's possessions before s/he has the right to re-rent the apartment and/or deal with any abandoned property.

I've searched online for days to find an answer. I do find that other states' laws require that landlords must hold the apartment and possessions for 30 days in the event of a deceased tenant. I can find nothing definitive at any Maine government site.

I sure thank anyone who can point me to something in writing that my brother can present to the landlord.

 

[nextwife]

What is the name of your state (only U.S. law)? Maine

My father died in his sleep in his apartment. He left no will, and didn't appoint anyone as executor of his (nearly non-existent) estate.

My brother is left to deal with the issues as he lives much closer to where my father lived. Neither my brother, nor does anyone else have the means to pick up or store all of our father's possessions.

We need to know what the law is regarding a deceased tenant, and how long a landlord is required to hold my father's possessions before s/he has the right to re-rent the apartment and/or deal with any abandoned property.

I've searched online for days to find an answer. I do find that other states' laws require that landlords must hold the apartment and possessions for 30 days in the event of a deceased tenant. I can find nothing definitive at any Maine government site.

I sure thank anyone who can point me to something in writing that my brother can present to the landlord.

When my MIL passed, together we gave her LL proper 30 day notice, payed for one month, and used that month to complete the disposal of her estate. By the end of the 30 days, the place was clean and vacant and we did not make it the LL's problem. He rented it and had a new tenant move in when the rental period was over. If neither you nor brother want the stuff, donate it, have an estate sale, place it on FreeCycle and have people haul it off, but DON'T expect the LL to have to deal with it. You and your sib need to do this. If you do want it, get a mover in and have it shipped wherever it's going.

 

[bkzoner]

Thank you for sharing your experience, and you have our condolences for the loss of your loved one.

However, you've not given any proof of the responsibility of Maine landlords in such cases.

No 30-day notice should have to 'requested', nor should any rent be expected to be paid for tenancy after the tenant has died. We are talking about people who aren't rich who are dealing with very few valuable belongings.

The security deposit of first and last month's rent are used for purposes such as this. I know that laws in other states allow for a landlord to do the 'proper' thing.

Again, I ask for something in writing (hard copy) in Maine law that my brother can present to the landlord that proves how long he has the right to access to our father's apartment and his belongings.

 

[nextwife]

Thank you for sharing your experience, and you have our condolences for the loss of your loved one.

However, you've not given any proof of the responsibility of Maine landlords in such cases.

No 30-day notice should have to 'requested', nor should any rent be expected to be paid for tenancy after the tenant has died. We are talking about people who aren't rich who are dealing with very few valuable belongings.

The security deposit of first and last month's rent are used for purposes such as this. I know that laws in other states allow for a landlord to do the 'proper' thing.

Again, I ask for something in writing (hard copy) in Maine law that my brother can present to the landlord that proves how long he has the right to access to our father's apartment and his belongings.

A security deposit is not intended to be rent, it is for repair of damages that may have occurred during the rental period.

So you want to use the security deposit as the last month's rent? Have you now notified the LL to plan on the unit's availablity? As of when? When did dad pass?

What sort of timeline are you looking for? Please clarify.

 

[ladybg1]

I would assume from what you have said that no one is going to pay the landlord anymore rent. What you need to be looking for is landlord-tenant laws. That would tell you what the landlord is going to have to do to evict the tenant or in this case-show proof that the lease is in default. You should have access to the apartment & things at least as long as Dad's rent is paid up to, but it is really not right for you to try to make the landlord into a storage location. If items are to big & no one has room for them, they should be sold or givien away. It takes time & isn't fun to clean his place, but it is the families job-not the landlord.