If a person dies istheir estate responsible for the remaining time on the lease?

UPDATED: Jul 31, 2011

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If a person dies istheir estate responsible for the remaining time on the lease?

My mother passed away last week and we unable to locate a copy of the lease. Landlord will not provide a copy when asked.

Asked on July 31, 2011 Wyoming


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the written lease is silent as to what happens if a tenant dies during the terms of the lease, the tenant's estate is typically responsible for the balance of the lease's terms unless there is state law on the subject to the contrary.

It is important for the estate's representative to get a copy of the written lease from the landlord as soon as possible in order to ascertain how much time is left on the lease. If the landlord will not advise the representative of the estate as to how much time is left on the lease or provide a written and signed copy of it, the representative should assume that the lease is a month-to-month and send a written notice of termination of the lease at the end of the following  month to safeguard the assets of the estate.

Good luck.


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