What Happens to an Apartment Lease When Someone Dies?
There are an often overwhelming amount of tasks and details to reconcile and take care of after someone dies. Apartment leases may be one of the last things you're thinking about after losing someone, but it's an important item you'll need to take care of at some point. Here's what you need to know about handling a lease after someone passes away.
What happens to an apartment lease when someone dies?
The responsibility of the lease depends again on the laws of the state the decedent resided in. For example, in California, the executor of the estate is responsible for paying rent until the lease is up. In most cases, however, both the executor and the landlord will likely want to work out an agreement that lets the executor prematurely end the lease and lets the landlord find a new tenant. Even if you decide to keep the lease or are not able to end the lease prematurely, you should get started on clearing out the decedent's possessions and cleaning the apartment. In general, it's a good idea to hire a professional cleaning service to assist you with this process.
If a tenant dies is the lease null and void?
The lease is, generally, not automatically null and void if a tenant dies. The responsibility of payment and next steps or procedures will vary depending on your state's laws. You'll want to research the decedent's state’s laws before moving forward. The lease obligation after death falls under the laws set forth by the state and is generally the responsibility of the estate executor or appointed administrator for the estate.
For tenant deaths, what are the landlord's rights? Well, in most states, the laws assist landlords in getting payment for unpaid rent and any damage done to the property. Most state laws make it so that any unpaid rent must be paid to the landlord as well as funds to cover any damage done to the property. This can also be taken out of the decedent's deposit, but it depends on the deceased tenant policy outlined in the lease itself (and the laws of the state).
Who is responsible for cleaning out an apartment after death?
There is no single rule when it comes to who is responsible for cleaning out an apartment after death as each lease is unique and each state has its own laws regarding this. For example, California has strict rules and procedures for landlords who have a tenant die on their property.
In most cases, it'll be up to the estate or family of the decedent to handle cleaning out the apartment after a death. In most states, the landlords are required to give the executor or family time to clean out the property, but it's important that you speak to the landlord about possible deadlines or timelines as soon as possible.
If you're not sure where to start when it comes to cleaning out the apartment, read this guide on How to Clean Out a House after Someone Dies.
Is a lease still valid if the landlord dies?
If the person who passed away was a landlord with tenants, the rental property itself would become part of the decedent's estate. In these cases, it's best to consult the state's laws for next steps, procedures, and any rules you'll need to follow. In general, the lease itself can survive the death of the landlord and will continue unless the tenant decides to end the contract.
What to do with the lease when a loved one dies
If a loved one has passed away and you’re responsible for handling the estate, here are the steps you’ll want to take to handle their apartment or rental lease.
- Notify the landlord of the death. You should notify the landlord of the death so that they’re aware and can fill you in on any documentation they may require in order for you to proceed in handling the decedent’s possessions.
- Read up on your state's laws to find out who is responsible for paying rent and what options you have in terms of maintaining or ending the lease. In some states, the estate is responsible for paying the entirety of the lease agreement, regardless of the amount of time left on the lease.
- If you have access to it, read over the lease agreement. If you don't have access, contact the landlord and ask that they send a copy of the lease agreement to you. The lease agreement may have addressed this situation directly and have exceptions you can refer to when negotiating with the landlord.
- Identify who is responsible for finding a new tenant. This will depend on state laws and the landlord’s policies, but you may find yourself in a situation where it’s your responsibility to find a new tenant to take over the lease.
- Continue paying the lease according to the applicable state laws and deal you've worked out with the landlord. It doesn’t hurt to ask if it’s possible for the lease to be terminated prematurely or released from financial obligation, though you may be told ‘No’ and be required to continue paying for the apartment.
- Clear out the decedent’s possessions and clean out the property. It’s recommended that you hire a cleaning service to do a “Move Out” clean as it can help you potentially get the security deposit back (if the landlord is not owed rent).
- Make sure you have the cancellation of the lease in writing with the landlord so that you have documentation.
If you know someone who has passed away or need help listing items for sale, consider starting a memorial website. You can easily give away or list any items and visitors to the website can get in touch with the click of a button. Memorial websites also give you the ability to share event info, publish an obituary, collect donations, and much more.
