What rights do a deceased tenants family have to their security deposit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rights do a deceased tenants family have to their security deposit?
My sister was recently shot and killed in her apartment and her landlord will not refund her next of kin the security deposit as “she broke her lease”. She is survived by her mother and myself her sister. Do we have any recourse?
Asked on October 4, 2010 under Real Estate Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Sorry to hear about your sister's tragic death.
The lease is a contract between landlord and tenant. The death of a party to a contract terminates the contract. If the landlord is referring to your sister's death as breaking the lease, that is incorrect. The death of a party to a contract terminates the contract. Therefore, you may be able to sue the landlord to recover the security deposit arguing that the lease was terminated by your sister's death. The security deposit is a cleaning deposit and it is usually difficult to recover security deposits even when the place is spotless. You should file your lawsuit in Small Claims Court unless your state has a special court for handling landlord/tenant disputes. Your damages (the amount you are seeking to recover) should include the amount of the security deposit and court costs. Court costs include the court filing fee and service of process fee.
Another potential issue is whether or not the landlord was negligent in not providing adequate security on the premises to have prevented your sister's tragic death. If you pursue that issue, it would be advisable to speak with a landlord/tenant attorney and your case would NOT be in Small Claims Court, but should be filed in Superior Court. Your state may have a different name for Superior Court. Your lawsuit for negligence against the landlord would be based on wrongful death.
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.