Results 1 to 4 of 4
  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Default Renter Died - Any Responsibility to Family for Future Rental Payments

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

    Facts: Mother lived in apartment complex approx. 6 years. Sent renewal notice back in August 2008 - I think lease was from 10-1 to 9-30 each year.

    Gave notice o/a 9/14 that mother would be moving from apartment on 9/29 due to medical condition (dementia - she was moved into an assisted living facility at doctor's orders). Advised apartment complex that furniture would be moved out by the end of October. Told at that time I would have to pay for an additional 30 days since she didn't give 60 days notice (In other words, make a payment for November)

    Mother passed away on 10/4/08 - Cleaned out apartment & returned key on 10/22/08.

    Rent was paid on 9/29/08 for month of October. Do I still need to pay the November rental payment since she passed away in October?

    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Renter Died - Any Responsibility to Family for Future Rental Payments

    Sorry about your situation but yes, you do.

    the fact that 60 days notice (which apparently is required in your situation) has not changed. You (mom) still had not given the 60 days notice.

    On top of that, as far as the LL was concerned, you would have been there in November so LL could not have rented it for November. His actions were limited by your intent. He did not have the opportunity to attempt to rent it for November.

    If he does rent it before the end of the month, I would seek a refund of the rent for whatever part of the month he does rent it out. The LL is not allowed to double dip.

  3. #3
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Renter Died - Any Responsibility to Family for Future Rental Payments

    jk Thanks for your prompt response

    Since the estate is now in probate will the LL have to file a claim for payment? Is it their responsibility to do this, or do I need to now notify them?

    They are aware of her passing. I did ask the office about payment for November when turning in the keys and they said they would get back to me and I haven't heard back from them. Wasn't sure if they would just use her security deposit & bill me the remainder when they send the report due within 30 days of turning in the keys.

    Thanks again

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Renter Died - Any Responsibility to Family for Future Rental Payments

    I would think he would simply bill the estate (probate claim) for the balance. There is really no other way for him to present the bill.

    You should list this as a debt in the probate filings BUT you need an accurate number so I would let the LL be aware of this.

    Maybe they are contemplating being nice and simply closing out the contract with no money exchanging hands. It may just be easier for them.

    1. Sponsored Links
       

Similar Threads

  1. Business Issues: Selling a Business, Protecting Future Payments
    By Thomas2z in forum Business Law
    Replies: 1
    Last Post: 08-29-2010, 02:59 AM
  2. Rental Agreements: Does a Landlord Have to Tell You if Someone Died in Your Prospective Rental Unit
    By cambria in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-27-2009, 07:06 AM
  3. Repossession: Advance Payment Applied to Balance Instead of Future Payments
    By badboychronic in forum Cars and Dealerships
    Replies: 2
    Last Post: 11-24-2008, 02:42 PM
  4. Disability Benefits: Marriage, and Future Stepson's Disability Payments and Medicaid
    By racefan 1 in forum Social Security Law
    Replies: 1
    Last Post: 09-03-2007, 04:31 PM
  5. Back Child Support and Future payments for teenager
    By FutureWife in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 12-12-2005, 02:47 PM
 
 
Sponsored Links

Legal Help, Information and Resources