Death of mom listed on lease : ezLandlordForms

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Landra J

started a topic about 10 years ago

Shortly after we signed a one year lease with our tenants, the husband had a stroke. He has been in the nursing home every sense this stroke. The wife asked if her daughter could be added to the lease and I added her and her husband. I did not increase rent. Months later the mom died of cancer. Now the daughter has contacted me in a panic wanting out. Can i just keep the security deposit to cover December and terminate the lease with no penalty. They plan to have everything out in the next couple of days.

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Landra J

said about 10 years ago

Someone please help me. The daughter has not paid December rent and I don't want to get stuck with it.

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Linda N

said about 10 years ago

If I were in your shoes I would handle it in the following fashion. If they are leaving willingly type up an agreement as an amendment to the lease agreement stating that they are leaving willingly and that if the property condition checks out that you are willing to accept the deposit as a settlement for the release of all parties responsible to the lease then HAVE THEM SIGN IT AND DATE IT. You may even want to go as far as to have it notarized for your protection. Then keep that document for years to come as you don't want them taking you to court to try to get their deposit back. Just my two cents worth but I'm not an attorney so you may want to make contact with your property attorney for better legal advise.

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Leah H

said about 10 years ago

I am in similar situation... My tenant passed away, adult children who are listed on lease are still in the home. December rent was paid, but have heard nothing this month. Trying to be fair, but don't want to be taken advantage of. I am thinking that if they remain in the home they should sign a new lease... But, not sure. We have only owned rental properties for a year, and this is definitely a learning experience. What did you end up doing for your home?

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Lori G

said about 10 years ago

Not an attorney disclaimer...I dont think there is a need for a new lease. The current lease remains in effect as all parties on the lease are equally financially and legally responsible for the terms of the contract that they are in. If I were in your shoes I would want to determine if Mom's income was necessary to make this lease work...a change in their ability to pay may be on the horizon. Keep the communication open with them and stay alert.