BUT the rent was up to date and the following month's rent was paid by the deceased's sibling to allow for cleaning and movers...and the apartment was rented 2 days after the the keys were returned?
2006-11-03 14:48:22 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
if this makes any difference,...A check was sent to the sibling but it was made out to the estate. Upon asking for the check to be made out to the person rather than the deceased's estate, the owner stated that he was doing a favor (check made out to the estate) and didn't have to pay otherwise. He chose to take 20% out of the deposit for carpet replacement (rented 7 yrs) but never replaced it and was rented 2 days after it was cleaned.
2006-11-03 15:03:19 · update #1
Thank you to everyone for your input...it gives us great comfort and the family intends to resolve this matter.
2006-11-03 15:11:01 · update #2
It doesn't sound like the owner should have. But you don't know exactly what was in the lease either. Those leases can have all kinds of loopholes in them. Then again, the owner might have thought no one would ask for it back.
2006-11-03 14:51:33 · answer #1 · answered by neinmom2one 3 · 0⤊ 0⤋
If the tenant died in the apartment, yes.
The state usually regulates a non-rent period for any recently deceased apartment, which gives family members time to claim belongings, etc.
The problem is that the apartment owner loses a large chunk of possible rent during this process, and can keep deposits to offset the money loss, and clean up any death from the apartment, house, etc.
2006-11-03 14:52:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Absolutely not. If a walkthrough was done and nothing was wrong, then the deposit needs to go to the executor of the estate to be dispersed as the deceased's will states that general funds should be.
2006-11-03 14:50:21 · answer #3 · answered by readysteadystop 3 · 0⤊ 0⤋
No, anything that would have been owed to the tenant is now owed to the estate. You may may not keep it as your own. If no one claims it within the time required by law, then you must usually turn it over to the government (often the state treasurer) under the unclaimed property laws.
2006-11-03 15:07:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, contact a lawyer, couse anymoney that was paid and have a refund, goes to surviving familiey. Tell them you want all the money, or you contact a lawyer. They will either pay, or you can ask a lawyer. But truth is, unless it is huge amount, like 500 or more, it is cheaper to let it go, unless they pay on a legal threat.
2006-11-03 14:52:04 · answer #5 · answered by joseph c 2 · 0⤊ 0⤋
no they have no rite to the deposit it was an act of god and your relatives land lord should burn in hell for being so greedy that is just wrong you can go to small claimes court and get your deposit back maybe the cleaning fee also its not like they broke the lease on purpose. shame on this landloard the tennent has rights too.
2006-11-03 14:57:05 · answer #6 · answered by auntie s 4 · 0⤊ 0⤋
No. Give the deposit back unless the apartment was damaged and it took the whole deposit to repair it.
2006-11-03 14:52:43 · answer #7 · answered by Marissa 6 · 0⤊ 0⤋
No, the deposit belongs to the sibling.
2006-11-03 14:56:48 · answer #8 · answered by Sher 3 · 1⤊ 0⤋
It depends on the contract. If it was just a deposit for cleanup, the landlord was wrong.
2006-11-03 14:50:35 · answer #9 · answered by eferrell01 7 · 0⤊ 0⤋
unless there was damage beyond normal wear and tear then no, but you'll have to take them to court to get it back
2006-11-03 14:50:34 · answer #10 · answered by gYPSY B 3 · 0⤊ 0⤋