Can an apartment owner keep a deposit of a deceased tenant ...?

Question

The rent was up to date and the following month's rent was paid by the deceased's sibling to schedule professional movers and clean...the apartment was rented 2 days after the the keys were returned. A check was sent to the sibling's address but it was made out to the estate of the deceased. There was no will. When asked to write out the check to the sibling rather than the deceased's estate, the owner stated that he was doing a favor (check made out to the estate) and did not have to pay otherwise. He chose to take 20% out of the deposit for carpet replacement (rented 7 yrs) but did not replace it. The owner admitted that the sibling should be paid for the cleaning but after waiting 3 months the sibling asked the owner why he was "sitting on the check" ,.. the owner replied "you're being pushy, I think I will "sit on the check" it has been 5 months...Is there a legal stand in this event?

Answer 1

He was supposed to make out the check to the estate, though he could have been kind enough to make it out to the sibling to make it a little easier. But as far as taking money out to replace a carpet, that's his responsibility. Normal wear and tear is the landlord responsibility. He is required to either clean or replace the carpet and paint the apartment when a tenant moves out and before a new one moves in. He sounds sheisty to me. Tell him if he doesn't make the full check out to the estate you will sue him in small claims court for the return of the full deposit. Good luck.

Answer 2

He is correct he was suppose to make the check out to the estate, not to this person, so they wanted him to not follow the law to make it easier for him, he agreed but wanted a fee to do it, sorry but it sounds reasonable to me.

So the sibling actually started the problem by not merely taking the check as it was suppose to be written and puting it into a bank account

And does not matter if there is a will or not, all of the money that the deceased had, other checking account, and the such were to be put into an estate account untill all last expenses were paid.

Answer 3

The owner was correct to make the check out to the estate. He owed the money to the estate not the sibling. It's really not his problem if there is no will. He has to cover his own butt, and that's the way to do it.

Whomever the court appointed as administrator will have to take the landlord to court for the carpet deduction and cleaning costs.

Answer 4

If the tenant died interior the home, particular. The state in many situations regulates a non-lease era for any these days deceased house, which provides kin time to declare assets, etc. the difficulty is that the home proprietor loses a great chew of available lease in this technique, and can save deposits to offset the money loss, and sparkling up any dying from the home, residing house, etc.

Answer 5

you need to talk to a lawyer,he is braking the law,good luck,Hollywood

Answer 6

Take him to small claims court, then he will take you seriously.

Answer 7

you should talk to a lawyer.