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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33790
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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It's about a rental lease, Ocean County New Jersey, no not

Customer Question

It's about a rental lease
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ocean County New Jersey
JA: Has anything been filed or reported?
Customer: no not in writting
JA: Anything else you want the lawyer to know before I connect you?
Customer: My mother passed away and it's about her apartment lease
Submitted: 21 days ago.
Category: Legal
Expert:  Barrister replied 21 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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If you can post your legal question, I will be happy to help...

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thanks

Barrister

Customer: replied 20 days ago.
My mom passed away the beginning of this month. She rents an apartment. The original lease said termination of lease upon moving to a nursing home or care facility or death. Then there was an amendment where they took out the word death and just left to with nursing home or care facility. What I'm asking is can they charge her estate for the remainder of the lease which ends in May of 2017?
Expert:  Barrister replied 20 days ago.

What I'm asking is can they charge her estate for the remainder of the lease which ends in May of 2017?

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No, once the representative of the estate moves everything out of the apartment and turns over the keys to the landlord, the landlord then has a legal duty to mitigate his damages and try to re-rent. Once he does, he can only hold the estate liable for any lost rent until it is re-rented.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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