909 Barnes : ezLandlordForms

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Roberta C

started a topic over 12 years ago

My current tennant passed away intestate. His brother want to rent the residence now. How do I handle the "move-out" as there will not be one. How do I handle the deposit?

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Luis M

said over 12 years ago

I would recommend doing a walk through before he moves in. You may be required to refund some portion of the deposit. Typically, the death of a tenant is treated in much the same way as an early lease termination. If your tenant had a month-to-month agreement, you must refund the deposit within 30 days, minus any penalties and deductions for damages. This money goes to the estate. If your tenant, however, had a lease for a set term, you may be able to deduct penalties for early termination as outlined in the lease. Any remaining money must be refunded to the estate.

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Roberta C

said over 12 years ago

Thank you. That does help.