Does a month-to-month residential lease arrangement continue when a home is inherited?

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Does a month-to-month residential lease arrangement continue when a home is inherited?

I rented a home from an elderly woman. To start, we had a 1 year lease. After the term of that lease expired, we continued on a month-to-month basis. Approximately 18 months ago she passed away. Then 8 months ago her granddaughter inherited the house and claimed that the month-to-month arrangement, to include its terms and conditions, still applied.

Asked on August 13, 2011 Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Without a written lease, you are definitely a month to month tenant--any time there's no written lease in force, it's a month to month tenancy. Also, when a home passes upon an owner's death (or by sale; but not by foreclosure), it passes subject to all leases then in effect, so the same terms and conditions of the month to month tenancy should apply. As its month to month, however, either you or the new owner can terminate the tenancy on 30 days notice, so if the arrangment is no longer to your liking, you can get out of it--or if it is to your liking, you would be well-advised to try to negotiate a lease with the new owner, to make sure that you tenancy can't be terminated on a month's notice. Good luck.


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