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We had a death in the family his land Lord disposed of his…

Customer Question
We had a death...

We had a death in the family his land Lord disposed of his belonging with and notice giving by me nor the landlord

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New hampshire

Lawyer's Assistant: What documents or supporting evidence do you have?

Death certificate onlyg land Lord didn't give any notice to vacate

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I just need advise because the land Lord thinks he's in the right

Submitted: 4 months ago.Category: Estate Law
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Answered in 1 minute by:
3/20/2018
Estate Lawyer: Gerald, Esq, Lawyer replied 4 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,366
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Estate Lawyer: Gerald, Esq, Lawyer replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

When the tenant passed away the tenant's belongings became part of the tenant's estate. It still was his property, NOT the landlord's.

The Landlord had an obligation to keep the property safe at least until he could provide proper Notice to the personal representative of the estate to collect the property. If the notice was given then the property may be declared abandoned.

At a minimum, New Hampshire requires the landlord to store all property left behind for 7 DAYS.

". . . a landlord shall maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of 7 days after the date upon which such tenant has vacated. During this period, the tenant shall be allowed to recover personal property without payment of rent or storage fees. After the 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant."

See:

http://www.gencourt.state.nh.us/rsa/html/lv/540-a/540-a-3.htm

Additonally, the lease did not end on the tenant's death. His estate was still entitled to take advantage of the lease through the remainder of the term, at least in regard to the personal property, as long as the rent was paid.

The personal representative of the estate can sue the landlord for the value of the property.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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