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Sister deceased 11/23/2018, had 30 day lease; landlord

billing for month of december...
sister deceased 11/23/2018, had 30 day lease; landlord billing for month of december because needed 30 day notice. does she owe for entire month of dec or for 30 days after date paid rent in november?
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Answered in 16 minutes by:
3/17/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,070
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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In a rental situation, when someone passes, their estate remains liable for the rental payments until the executor of the estate actually removes all the deceased's property, terminates the tenancy, vacates, and returns the keys.

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does she owe for entire month of dec or for 30 days after date paid rent in november?

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So if sister passed in November, and had already paid for the entire month of November, if the executor gave immediate notice to vacate, then the landlord could still charge the estate for December rent legally as it takes a 30 day written notice to terminate a month to month tenancy.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

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Customer reply replied 1 month ago
received conflicting info. "month-t0-month residential tenancies terminate 30 days after the last rental pahyment by the deceased tenant). a 30 day notice is not required in this ssituation." apt was relinquished and keys turned in on nov 30th. Even in case of death (in which case a 30 day notice cannot be given) still requires a 30 day notice?

What state is this in as every state has their own specific laws?

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Customer reply replied 1 month ago
no, I am just surprised that a landlord can require a 30 day notice from a deceased person that is unable to comply. thank you for your advice
Customer reply replied 1 month ago
this is state of Virginia

It is the executor that would give notice... the place still has the tenant's property in it normally, so the tenancy still continues on.. a reasonable landlord would just end it if the estate rep moved everything out by the end of Nov...

.

Let me see what the law says..

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Customer reply replied 1 month ago
if the executor informed landlord of death on 11/23/2017, would i owe 30 days from 11/23/2017 or 30 days from 1 december?

This is what VA law says..

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§ 55-248.38:3. Disposal of property of deceased tenants.

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C. The rental agreement is deemed to be terminated by the landlord as of the date of death of the tenant who is the sole tenant under a written rental agreement still residing in the dwelling unit, and the landlord shall not be required to seek an order of possession from a court of competent jurisdiction. The estate of the tenant shall remain liable for actual damages under § 55-248.35, and the landlord shall mitigate damages as provided thereunder.

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So basically the estate remains liable for up to one month's additional rent after the paid month, but if the landlord re-rents before the month is up, then he has to refund any rent paid by the estate.

,

,

thanks

Barrister

barristerinky
barristerinky, Attorney
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