If my mother just died and she had signed a month-to-month lease with a 60 day notice to vacate clause, am I obligated to honor this clause?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my mother just died and she had signed a month-to-month lease with a 60 day notice to vacate clause, am I obligated to honor this clause?

Asked on August 26, 2012 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Please accept our sympathy on your loss.

If you were not on the lease, you are neither obligated to its terms nor will be allowed to stay in the premises--you are not a tenant. If you were on the lease, then you are still obligated as a signor of it.

Your mother's tenancy ended when she passed away.

If you were not on the lease, the obligations under it--i.e. any rent due--becomes an obligation of your mother's estate and must be paid out of her estate if the landlord seeks it. However, she will not incur rent chargers after her passing--this applies only to rent (or deposits) she incurred but did not pay prior to her passing.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption