What Happens when a Landlord Dies

You have found out either by way of the news, newspaper, or written legal notice, that your landlord has died. The first thing you wonder is what to do, and how you are affected. The basic question is what happens when a landlord dies? Here are a few things you can do as a tenant to keep things running smoothly on your end.

Find the family

When a landlord dies tenants must let someone know that they are still there. The first thing you want to do, if no contact is made, is to find the family of your former landlord. Often this can be done by looking through the obituaries. If your landlord was living in another town, check the obituaries from that town. In most cases what happens when a landlord dies is you will get a call or letter from a lawyer stating this fact and that the property is now in probate.

Understand the Process of Probate

Probate is a course of action taken legally to settle an estate of a deceased person. This will include any real property which the person held. Probate takes time to work through the court system. You will most likely be in contact with a lawyer who is handling the probate. You do not need your own lawyer; but you do need to maintain a level of communication with the family or lawyer handling the estate. Most often the estate will contact you should new circumstances arise which you need to know about.

Understand Your Rights

As a tenant you have rights under the law. The legal obligation to uphold the lease (if you have one) is passed from the landlord to the estate. The law in most states views this as passing of property from one party to another. Because of this laws regarding tenants apply. What does this mean for you? Normal rules regarding notices will apply. You must be given a written or court ordered notice to vacate should that happen; and you will have 30 days to do so. Your lease or rental agreement is still in effect until stated otherwise in writing. Your security deposit is still covered by law; although it is now also involved in the estate proceedings because all bank accounts of the deceased must be taken care of. If you are asked to move, you are still entitled to your security deposit.

Continue Paying Rent

When a landlord dies, you will still need to pay rent unless otherwise directed. Most likely the rent will be sent to a lawyer or realtor who is now in charge of daily operations. Make sure you keep records, and get receipts for all rent payments. Use money orders or checks when paying rent to create a paper trail should a problem occur with accounting. If the landlord dies close to your due date for rent, place the rent payment (check or money order) in an envelope until you find out where to send it. Make out rent payments to the former landlord until you are told otherwise. The estate can distribute the money. The idea is to maintain a normal business relationship with the family while the estate is being worked through in court. This will ease stress and concerns on both sides.

Sources:
Peopleslaw
Zillow
Lawguru