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Death of a tenant
K
Kevin S
started a topic
about 13 years ago
Is there a form to legaly allow a surviving family member possesion of the items left behind of a tenant that has expired?
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D
Donna
said
about 13 years ago
Termination on death: Any lease for a term of one or more years of a property that has been leased and used by the lessee solely for the purpose of providing a dwelling place for himself, or for himself and his family, may be terminated prior to the expiration date thereof, in the event of the death of such lessee or in the event of the death of such lessee or his spouse, as the case may be, upon notice duly given by such lessee or by the executor or administrator of his estate or by the surviving spouse in the event that such lease was executed jointly by husband and wife. Such termination shall take effect on the fortieth day following the receipt by the lessor of written notice thereof, and the rent shall be paid up to the time of such termination, whereupon the lease shall cease and come to an end. The property shall be vacated and possession shall be turned over to the lessor at least five working days prior to the fortieth day following receipt by the lessor of written notice. The provisions of this act shall not apply to any lease the terms whereof shall explicitly provide otherwise. 46:8-9.1. Property of the deceased would be removed by either the surviving spouse, children or the executor of the estate according to NJ's estate laws.
C
Cheryl M
said
about 13 years ago
WOW! Did that answer your question or what...quite an answer! Good job!
D
Donna
said
almost 13 years ago
In the event of death to the tenant or his spouse, the lease comes to an end if the spouse or executor sends written notice of termination to the landlord. The termination takes effect 40 days from the date of written notice. The surviving spouse or estate pays the rent up to the date of termination and clears the premises within five working days from the termination date. As a landlord you must show the court that you made every effort to make contact with any survivors and provide proper notice for them to remove the property. Follow the same procedure as you would for an abandoned rental.
J
Jess S
said
over 12 years ago
Jeannie, I would think the remainder of the money would go to whoever is in control of her estate.
P
Patty H
said
over 10 years ago
Do they have a relative that responsibilities pass to if not clear out the house and ready it for new tenants immediately. It doe though in most cases pass to the estate as property would. You would need to start the eviction process for the family to remove belongings etc.
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