My mom signed a1 year lease on an apartment but died 5 weeks into the lease, is her estate liable for the rent for the remaining 11 months of the lease term?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My mom signed a1 year lease on an apartment but died 5 weeks into the lease, is her estate liable for the rent for the remaining 11 months of the lease term?
My mom signed a one year lease on an apartment. The lease mentioned only her as an individual, no mention of it being binding on heirs. Is the contract void now that she’s passed away?
Asked on September 6, 2012 under Estate Planning, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sorry to hear about your mom.
Unfortunately, death does not terminate a lease. Your mom's estate would be liable for the rent. However, the obligation to pay rent ends when the place is re-rented. The landlord cannot allow the apartment to remain vacant for the duration of the term of the lease without making reasonable efforts to find another tenant. If the landlord fails to make reasonable efforts to find another tenant, the landlord's damages (the amount the landlord claims is owed) will be reduced accordingly because the landlord failed to mitigate (minimize) damages. Reasonable efforts on the part of the landlord to find another tenant will be determined by what other landlords in the area are doing to attract tenants; for example, posting a sign on the premises advertising the vacancy, advertising the rental in the newspaper, online, in a local rental guide, etc. Again, once the place is re-rented, the obligation to pay rent ends.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.