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My sister died ( state) and had an auto renew lease that…

Customer Question
My sister died (washington...

My sister died (washington state) and had an auto renew lease that actually renewed after she died due to her not declining the renew 90 days prior to lease date. RCW 59.18.595 states that landlord must provide notice to vacate property in 15 days, and that that can be extended to 60 days by paying rent. Then the estate vacates the property and the tenancy ends and landlord returns deposits etc like usual. Does that mean the lease ends? The landlord did not give us any 15 day notice like required in the RCW - no written notice at all - she just verbally said that the estate is responsible for the remainder of the lease, which is one full year. She is offering to 'let' us break the lease but demanding we pay extra money for things you do not normally pay for when you vacate property at the end of a lease. And of course, we have to pay rent for the months she does not find a new renter.
The most important part of my question is when RCW 59.18.595 says the tenancy is ended when the property is vacated - does that mean the lease (and requirement to pay continued rent) ends as well. The RCW is stating we have to vacate within 60 days (although landlord did not give required notice) so I don't see how there can still be a lease if we cant live there.

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

Washington

Lawyer's Assistant: Has any paperwork been filed?

Like what? Nothing related to the lease. Landlord has sent nothing. He verbally told us we were responsible for another year.

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

I dont think so. We have paid 2 months rent at this time due to landlord demanding.

Submitted: 16 days ago.Category: Real Estate Law
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Answered in 1 minute by:
8/5/2018
Real Estate Lawyer: Ray, Lawyer replied 16 days ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,951
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 16 days ago

So here she has to file a creditor claim against the estate.The lawyer for the estate reviews it here and the lease.Likely the lawyer denies it because the person deceased.You cannot auto renew if you are deceased.Make no more payments here, clean out apartment while you can do so.

See if they file a claim and have estate lawyer review it and see if it is valid.I doubt it is and he likely denies approval.They would then have to sue the estate.But no more payments or settlement unless the lawyer is involved and recommends it.There is a proper process for this.

I appreciate the chance to help you and sorry for your loss of loved one.

If you can positive rate 5 stars it is much appreciated.

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Real Estate Lawyer: Ray, Lawyer replied 16 days ago

RCW 11.76.110

Order of payment of debts.

After payment of costs of administration the debts of the estate shall be paid in the following order:

(1) Funeral expenses in such amount as the court shall order.

(2) Expenses of the last sickness, in such amount as the court shall order.

(3) Wages due for labor performed within sixty days immediately preceding the death of decedent.

(4) Debts having preference by the laws of the United States.

(5) Taxes, or any debts or dues owing to the state.

(6) Judgments rendered against the deceased in his or her lifetime which are liens upon real estate on which executions might have been issued at the time of his or her death, and debts secured by mortgages in the order of their priority.

(7) All other demands against the estate.

All the laws and procedures

http://app.leg.wa.gov/rcw/default.aspx?cite=11.40

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Customer reply replied 16 days ago
Sorry, but that did not answer my question. Does "the tenancy ends" stated in the RCW mean that the lease is terminated and no further rent is owed by the estate?
Customer reply replied 16 days ago
no not for $59. It is a pretty straight forward question. What does "the tenancy is ended" legally mean? End of lease or not?
Real Estate Lawyer: Ray, Lawyer replied 16 days ago

That would be my argument if I was lawyer for the estate to deny the claim and force them to sue and prove otherwise.Arguably a deed person cannot auto renew here.I think they are stretching facts.

Thanks

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