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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33791
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My father who is married leases a property from me from year

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My father who is married leases a property from me from year to year. The lease is between just he and I and each year he prepays the lease. He died this year sept 1st and now his wife wants a refund on the prepaid lease. Does she automatically inherit the lease? Her name is XXXXX XXXXX the lease. Do I owe her the balance of the prepaid lease?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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What type of property is this?
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Are you going to put the property on the market for rental?
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Thanks
Barrister
Customer: replied 3 years ago.

The rental is a condominium. No, I am not going to put the rental on the market.

Ok, typically a landlord is legally entitled to retain advance rent payments for a rental property until they re-rent it in the event that the current tenant breaches or passes away. However, the condition of being able to retain those payments is that the landlord has to try to mitigate his losses by attempting to re-rent the unit.
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So in this situation, if you are not putting it back on the market for rental, you would have to return any unearned advance rent when the executor of the estate removes his possessions and delivers possession of the property back to you. You can keep using the advance payments until they remove all his property though.
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Thanks
Barrister
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Customer: replied 3 years ago.

In reviewing the file, it turns out I don't have a lease signed by him - does that matter? I did receive the prepaid check and cashed it.

In reviewing the file, it turns out I don't have a lease signed by him - does that matter?
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No, that just means that you have an oral year to year lease with him. It would still be fully enforceable by you since full payment was tendered. But if you are taking it off the market, your damages stop when they remove all his personal property and surrender possession to you.
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Thanks
Barrister
Barrister and 3 other Estate Law Specialists are ready to help you