What are my rights if my landlord passed away and the new owners want us to move so that their daughter can move in?

UPDATED: Sep 29, 2022

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What are my rights if my landlord passed away and the new owners want us to move so that their daughter can move in?

We have a lease that’s good for another 8 months. Do they have to honor it becaue they are telling us that because our landlord died that the lease is null and void?

Asked on August 16, 2015 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the lease was with the old landlord personally (not with an LLC or corporation which owned the property), then it would terminate when the old landlord him/herself "terminated" (so to speak): that's because the lease is a contract, and a contractual obligation of person A does not pass to his/her heirs or benefiaries. So yes, unless you were contracted with some business entity, then the lease would be over and the property's new owners (the heirs, or anyone who bought the home from the estate or the heirs) does not need to honor it, but rather can remove you from the property. 

Removing you will take them a few weeks or possibly a bit longer, and cost them some money. Best would be to work out some arrangment where you will voluntarily move out by some mutually-agreeable date.

On the other hand, if  the lease was with an LLC or corporation which owned the property for the landlord, then it may still be in effect, if that LLC or corporation still exists, even if someone else now owns the business.

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.

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