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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Is a deceased tenant's estate responsible for 90 days rent

Customer Question

Is a deceased tenant's estate responsible for 90 days rent because she could not give a 90 days notice due to death? My sister passed away on Aug. 3rd and I notified the rental management office on Aug. 4th. Her rent was paid up to the end of the month. They said that the lease calls for a 90 day notice regardless of death. I received the rent bill on Nov. 7th along with a late fee and $800 charges for "damages" to the parquet floor because carpeting was tacked to the floor. (The lease requires carpeting but not tacked down.) The landlord has the initial last month's rent and a $100 security deposit for damages. They did deduct the last months rent from the bill but not the security deposit. I am the executor of my sister's estate and after funeral expenses and taxes there probably won't be enough funds to pay this bill. The landlord is threatening legal action if not paid up by Nov. 30th.
JA: Has any paperwork been prepared or filed?
Customer: The landlord sent me a letter itemizing what is owed, e.g., 3 months rent due to no 90 day notice and claimed damage to parquet floor although they provided no evidence of it.
JA: Because laws vary based on location, where is the property located?
Customer: In Delaware County, Pennsylvania.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time.
Submitted: 19 days ago.
Category: Estate Law
Expert:  Barrister replied 19 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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When was the apartment cleaned out and possession returned to the landlord?

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Are you saying that after other bills are paid, the estate will be insolvent and not have enough to pay the landlord?

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thanks

Barrister

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