If my mother recently passed away, how can we legally break her lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother recently passed away, how can we legally break her lease?
My mother rented in the same apartment complex for 4+ years. A new lease was signed on 12/01/10 and co-signed by my sister. My mother passed away 01/10/11. The landlord said that we are responsible for the rent until the apartment is re-rented. The lease states the landlord can terminate the lease under extenuating circumstances. Wouldn’t death be considered an extenuating circumstance?
Asked on January 18, 2011 under Real Estate Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
My understanding is that under IN law, a person's estate has the same obligation to pay rent as the tenant. The provision that you noted, gives the landlord the right to cancel a lease but not the obligation. However without reviewing the exact wording of the lease, its hard to say for sure. What you shoulddo right now is to consult with a real estate attorney as to your situation (be sure to bring a copy of the lease with you).
Note: As you are aware, a landlord has a duty to "mitigate" damages; this means that they have to make reasonable efforts to re-rent t he premises. As such time as the premises ware rel-leased, a tenant (i the os case your mother's estate) is released from any further rental oblofation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.