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?

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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 8 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.


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