Ann leases an office in Ted's building for a one-year term. At the end of the period specified in the lease, the lease ends without notice, and possession of the office returns to Ted. If Ann dies during the period of the lease, what happens to the leased property?
Hi there. Unless the lease specifically provides otherwise, Ann's death does not terminate the lease and her estate is liable for the remaining term of the lease. But,
once the estate has notified the landlord it is terminating, the landlord has a duty to mitigate the damages...meaning the landlord must use reasonable efforts to re-let the property. Once the property is re-let, or if the landlord does not use reasonable efforts to re-let, the estate is off the hook for further obligation.
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