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Bill Attorney
Bill Attorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 178
Experience:  Attorney
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4 PEOPLE (TENANTS) SIGNED LEASED. 2 HAVE DIES SINCE jUNE OF

Customer Question

4 PEOPLE (TENANTS) SIGNED LEASED. 2 HAVE DIES SINCE jUNE OF HIS YEAR. LEASE DOES SAY THAT IT EXTENDS TO HEIRS. CAN THIS LEASE NOT BE BROKEN DUE TO INABILITY OF HEIRS (WIFES) TO PAY RENT?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: FLORIDA
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: LEASE IS FOR 5 YEARS (3 REMAINING. nO MAINTENANCE OR UPKEEP PROBLEMS. LANDLORD HAS BEEN GREAT AND INVESTED A LOT INTO PROPERTY, BUT DOESN'T WANT TO LET WIFE'S OUT OF AGREEMENT.
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Bill Attorney replied 1 month ago.

This is attorney Bill answering your landlord-tenant question today. You mentioned that 4 people are on the lease so if these aren't separate dwellling units, the other two tenants will be liable .

Otherwise, you can take posession of the property and let out the section that should be vacated owing to the two previous tenants.

The law that allows you to take possession is where all tenants have died.

Florida Statute 83.59(d

When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative.

Hence, if we are talking about just one unit, the two other tenants become liable to pay you the rent or otherwise you can evict them for failing to pay due rent.

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Attorney Bill

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