What rights does a landlord have after a tenant passed away?

Question

The tenant had a will stating everything is to be left to a specific person. Shouldn't that person be given the key to get the items inside or does the landlord have a right to go in with the executor of the tenants estate and watch over them while they are going through things?

Answer 1

The lease actually belongs to the estate now, and with an executor in place, it is simply not your responsibility to protect the items, nor even be present when they go through them, especially since you know that the correct person will be entering the residence. It's a personal matter for them.

However, it would be fully appropriate to discuss with the heirs what their plans are regarding vacating the items. You are a business person, and these are very valid questions.

In the even of a death, you don't have the right to charge for a break in the lease, however, you do have the right to have them vacate within 30 to 60 days (60 days is what I would offer), and collect rental payments for that time period, as the estate is responsible for paying them.

Answer 2

First of all, death of one party terminates a contract. The property of one party that has passed away belongs to the estate of the deceased. The landlord should give the estate a notice to vacate the premises since the estate is now a tenant holding over without permission. The estate should remove the personal property of the deceased or enter into a new lease agreement with the landlord. The landlord has nothing to do with what the estate does relating the "going trhough things". One of the items of personal nature the deceased left was the key to the premises, if you can't find it ask the landlord to provide you with a copy, so you can vacate the premises.

Answer 3

A will can't ignore existing debts. Depending on local law, the landlord may have a claim to the property until any back rent is paid.