If a tenant dies 6 months into a year lease, how long is his estate obligated to pay rent?

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If a tenant dies 6 months into a year lease, how long is his estate obligated to pay rent?

Asked on December 12, 2011 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If a tenant passes away under a written lease where the term is more than a month-to-month lease, for example a year's lease, the estate of the deceasd is obligated to continue payment under the lease until it expires.

However, in the interim, the landlord is under an obligation to try and rent out the unit if instructed to by the representative of the estate. If the landlord rents out the rental for less than the monthly rate under the written lease, the estate pays the difference in amount. make sure all discussions and agreements concerning the situation are memorialized in writing between the landlord and the estate's representative.


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