lease broken by death
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
lease broken by death
Is the estate responsible for the balance of lease when the signer passed away
Asked on June 7, 2017 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
An estate is responsible for the debts of the deceased. This includes rental payments due and payable under an exisiting lease. That having been said, the landord is under a duty to "mitigate damages". This means that as soon as the premises is vacated, it must make good faith efforts to re-let the premises. If and when it does, the lease obligation terminates.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The estate is responsible for the obligations of the deceased, which would include the remaining balance of rent due for the remainder of the lease term. The estate is also responsible for any unpaid rent due as of when the tenant passed away; and for any physical damage, beyond normal "wear and tear," done by the tenant, to the extent such damage exceeds the security deposit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.