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  1. #1
    Join Date
    Nov 2016
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    130

    Default Does the Landlord Have to Refund Rent if the Tenant Passes Away

    My question involves landlord-tenant law in the State of: Florida.

    My father recently passed away, about halfway into a 1-yr lease. The landlord currently has the last month's rent, and 1-mo security. The death occurred end of Feb, I paid the LL one month for March, as I needed the apt for another few weeks.

    I have been told that the LL is not required to return the last month's rent, and 1-mo security, even in the event of a death. Is this true?

    Thanks in advance.

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default Re: Dad Passed Away - is the Landlord Req to Give Back Money

    Your father leased the place for a one year period. His estate takes over his obligations under that lease. If the estate breaks the lease early, the landlord is entitled to the same remedies as he would if your father had broken the lease. The landlord will have suffered some damages in lost rent while searching for a new tenant. The last month’s rent may be applied to help cover that lost rent. The landlord may also deduct from the security deposit the cost of any repairs the landlord had to make for damage to the unit that occurred during your father’s tenancy. The landlord may also make a claim with the estate for any damages not covered by the last month rent and security deposit.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Dad Passed Away - is the Landlord Req to Give Back Money

    Quote Quoting riffwraith
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    I have been told that the LL is not required to return the last month's rent, and 1-mo security, even in the event of a death. Is this true?
    Sort of.

    You obviously don't want to continue paying so, as T M notes, the estate will be in breach.

    When that happens the landlord has several options under the Florida landlord tenant statute Section 83.595:

    http://www.leg.state.fl.us/Statutes/.../0083.595.html

    My experience as a former landlord tells me that paragraph 2 (mitigation) is more likely to apply than paragraphs 1 and 3 as a landlord is unlikely to let the rental stay vacant for 6 months nor is he likely to release the estate from any further liability.

    Depending on how long it takes to re-rent the estate could have a claim for some money back.

    Just make sure you surrender the property in writing with the keys. That starts the clock on mitigation. Then monitor to the place to see when it gets a new tenant.

  4. #4
    Join Date
    Nov 2016
    Posts
    130

    Default Re: Dad Passed Away - is the Landlord Req to Give Back Money

    Thank you for the responses.

    I understand that a lease is a legally binding contract. If I signed a lease, and was, say 1/2way through the term, to just walk away, I would be responsible for the other 1/2, and I understand why. But my death does not get me out of the contract? Does it not get me out of other obligations and other contracts? Or does the law really differ that much when it comes to real estate?

    Thanks again.

  5. #5
    Join Date
    Oct 2014
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    8,238

    Default Re: Dad Passed Away - is the Landlord Req to Give Back Money

    Quote Quoting riffwraith
    View Post
    Thank you for the responses.

    I understand that a lease is a legally binding contract. If I signed a lease, and was, say 1/2way through the term, to just walk away, I would be responsible for the other 1/2, and I understand why. But my death does not get me out of the contract? Does it not get me out of other obligations and other contracts? Or does the law really differ that much when it comes to real estate?
    Death does not end your obligations on most contracts, whether with regard to real estate or anything else. This is especially true for contracts in which your obligation is the payment of money. Your estate instead takes over responsibility for performing the contract, e.g. the payment of the money owed or whatever. For example, if you owed taxes when you die, your estate then becomes liable to pay those taxes. Your death does not end your obligation to pay those taxes. If you owe money on a credit card at the time of your death, your estate takes over the obligation to pay the credit card debt. Your death does not suddenly make those obligations disappear. Here, your father obligated himself to pay rent for a certain period of time. His death does not end that obligation — his estate instead becomes liable to pay it.

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Dad Passed Away - is the Landlord Req to Give Back Money

    And when the estate has the obligation to pay debts to the creditors of the deceased the assets of the deceased have to be used to pay those debts before any heirs can get their inheritances.

    I suggest you study the Florida probate codes so you can learn how things work:

    http://www.leg.state.fl.us/Statutes/...XLII#TitleXLII

    Or discuss your Dad's estate with a probate attorney.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Dad Passed Away - is the Landlord Req to Give Back Money

    Do take note that in Florida a landlord is not obligated to mitigate their damages but can choose to let the lease continue and expect monthly payment just as if the tenant remained in the unit.

    What the landlord will do is something you would have to ask them about.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Dad Passed Away - is the Landlord Req to Give Back Money

    Quote Quoting Taxing Matters
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    Death does not end your obligations on most contracts, whether with regard to real estate or anything else. This is especially true for contracts in which your obligation is the payment of money. Your estate instead takes over responsibility for performing the contract, e.g. the payment of the money owed or whatever. For example, if you owed taxes when you die, your estate then becomes liable to pay those taxes. Your death does not end your obligation to pay those taxes. If you owe money on a credit card at the time of your death, your estate takes over the obligation to pay the credit card debt. Your death does not suddenly make those obligations disappear. Here, your father obligated himself to pay rent for a certain period of time. His death does not end that obligation — his estate instead becomes liable to pay it.
    Just to clarify a point, if you do not understand exactly how an estate works...if your dad did not have enough assets to cover all of his debts, including his lease, you are not personally responsible for any of his debt. The creditors would just be SOL at that point. You also do not have to use assets that pass outside of his estate (life insurance or anything else with a beneficiary designated) to pay his debts.

  9. #9
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Dad Passed Away - is the Landlord Req to Give Back Money

    dont' disagree with the others as I am not familiar with your state's tenant laws, but do you have a copy of the lease and are you sure that there is no clause in it that states what happens upon death of the tenant? (just signed one for DD and there was a death of the tenant clause...albeit in a different state)

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