When your private landlord dies, you should continue to pay rent to the next person in charge. If the new management or owner wants you to leave the apartment, you have at least 30 days to prepare.
What to do if Your Private Landlord Has Died
Death is not planned and, sometimes, it happens when you least expected it. Take this scenario, you are off work and reach home to the news that your landlord died. What will you do now? This is the hardest question that crosses the mind of many in that situation. Therefore, below is a simple guide explaining what happens when your private landlord dies. However, it is important to seek legal advice first, considering that different states deal with housing matters differently. The below advice is just a general solution.
What is your Renting Situation?
Do you understand or know your renting situation? This is the first and most important thing you should know when your find out your landlord is dead. Are you paying rent monthly? Is it a lease? Do you have any legal document proving your connection with the deceased regarding renting an apartment?
With the lease, you don’t have to worry about anything if your landlord dies since it must be honored. A lease can be termed as a private contract between the property owner and you and it dictates the terms of renting that particular property.
Generally, your tenant obligations and rights will remain the same even after your landlord dies, with or without the will. However, terms of engagement may change with the new owner, hence the need to be prepared.
Does a Lease Terminate at Death of Landlord?
So does the lease terminate if your landlord dies? The answer is no. The tenancy does not automatically terminate. The ownership of the property you’re living in will be passed onto whoever the landlord left it to in their will. Likely a next of kin.
Do you Need to Relocate if your Landlord Dies?
That will be up to you, especially if you had a lease: the death of your landlord has no effect on the lease or doesn’t end it automatically. In the event your landlord dies, the next of kin or legal representative will take over the responsibilities under the contract. Therefore, your stay period will continue to the previously agreed date.
The next person in charge after the death of your landlord might decide to re-purpose or sell the property. Therefore, it is wise to start looking for alternatives when the lease period is nearing an end.
If the landlord representative decides to terminate your tenancy for any valid reason, like the lease is almost ending, breach of the lease agreement or no current lease, they should follow a proper channel and issue a formal termination notice.
Do you need to Pay Rent in Full?
Unless stated otherwise on the lease contract, you should continue to pay rent normally under the current contract. Failure to do so, you will be asked to move out or face the penalties stated in the agreed contract. The only challenge is to know who to pay the rent, especially if you used to pay your landlord directly.
Before you know who to pay the rent to, you should know that the administrator is entitled to collect all the rent until the property is transferred to the next owner or heir. However, you need to take caution when paying rent after the death of your landlord. Double-check that the person or entity you are paying rent to is right or legit.
If you are still unsure who to pay rent to, open a separate bank account and deposit your rent until you are certain who should receive your rent money. In most cases, the person who inherits the property will receive the rent in place of the deceased.
What will Happen when you don’t have a Lease?
If you have an expired lease or none at all but still pay your landlord without renewal, then you are a monthly tenant. Because of that, your landlord can terminate your tenancy at any time with a 30-day notice. Whoever will take over the property after the death of your landlord should follow the same rules when terminating your tenancy.
What Happens When Your Private Landlord Dies in the UK?
In the UK, most landlords don’t have a plan for what happens to their rental properties. Especially if they manage most of the business on their own. When your landlord dies, the rental property you’re living in will then be passed onto the rest of their family to take care of. However, it is unlikely they know how much rent you pay, what repairs need to be addressed, and when routine checks should be carried out. If there is nobody in their immediate family that wants to take over the responsibilities, they may decide to sell the property.
It’s more of a question. I’ve lived in my apartment for 16 years and my landlord died recently. I have a lease. But I also have two letters where my Landlord states do not let anyone lock you out of your apartment. It’s in his writing I never had it notarized. But it’s real and I have another letter stating the same thing.
Does that help me any in being able to stay?
It sounds like you have enough evidence there to allow you to stay in the apartment, but it’s best to get legal advice if you’re unsure. Hope this helps!
I have a problem my landlord passed away did is there anywhere I can get help family is trying to evict me and my family unexpectedly she passed we just had an agreement on paying rent everything she had for us to pay rent one they took thank you
If you have records of any transactions, then this might pass as a contractual agreement. It may depend on the state you live in though. It’s best to seek legal advice if you’re in any doubt.
Both owners died and they owned this building I’m living in do I have any rights to sell the building
They might have left the property to someone else in their family. But this article might help
My landlord passed away a little over a month ago. I’ve always paid her by PayPal. no one has stepped up as the heir or any other official position designated by a probate court. Should I just continue to pay rent via PayPal, assuming whoever is supposed to have access to that money will?
That sounds complicated! Definitely best to consult with a Lawyer to make sure your rent payment is going to the right person. You’d hate for it to be going to the wrong place and you end up having to pay your rent twice.
WE”VE LIVED IN THIS HOUSE SINCE 2008 MY MOM LIVED IN THIS HOUSE FOR 5 OR MORE YRS BEFORE I DID , WE DROVE OUT TO LANDLORDS HOUSE EVERY MONTH ON THE 5th TO TAKE HER THE RENT MONEY (CASH),AT ONE POINT MY HUSBAND ASKED THE LANDLORD WHAT SHE WANTED FOR THE HOUSE CAUSE WE HAD THE MEANS AT THAT TIME TO GIVE HER A DOWN PAYMENT SHE TOLD MY HUSBAND THAT SHE WANTS US TO KEEP PAYING RENT BECAUSE THATS WHAT SHE RELIED ON EVERY MONTH FOR GROCERIES OR WHATEVER ,MY HUSBAND TOLD HER THAT HES WORRIED ABOUT US BEING KICKED OUT ONCE SHE PASSES AWAY ,SHE TOLD MY HUSBAND THAT HE DOESNT NEED TO WORRY BECAUSE THE HOUSE WILL BE OURS WHEN SHES GONE ,NOW SHES GONE AND HER KIDS ARE WANTING US OUT IN 2 MONTHS WE HAVE NO WHERE TO GO WE ARE BOTH IN OUR MID 50s WE ARE GOING THRU BANKRUPTCY RIGHT NOW I WORK PART TIME MY HUSBAND HAS HEART ISSUES WE DONT HAVE THE MONEY TO MOVE LET ALONE FIND A PLACE WE CAN AFFORD TO LIVE IN HERE IN CALIFORNIA IM SO WORRIED THAT WE ARE GOING TO END UP SLEEPING ON OUR CAR ,I JUST NEED SOMEONE TO TELL ME WHAT TO DO.
what happens if landlord hasn’t paid property taxes for 5 years and we are not sure what to do
Hey Brittany! Sorry to hear about your problem. Make sure to get in touch with your local authority and make them aware of your situation.
My landlord passed away, I’m on a month to month agreement. The person that took over the property wants to double my rent but there is no water on the property, what should I do in my situation.
Hey Rhonda! So sorry to hear about your situation. It would definitely be best to speak to a lawyer in your local area ASAP as this sounds extremely unfair. Working water is also an essential for a rental property, so make sure if you haven’t already to communicate this issue with your new landlord so they can look to get this sorted. Hope it works out for you. Maria