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Answers (3)
- blub blub blub
- Contributions:145
...at the option of any surviving lessee or of the estate of the decedent..
I would interpret this to mean that the estate could choose to continue the lease for the additional time if needed.
I would imagine that the lessees death would null and void the lease agreement.
However, check with an attorney to be certain.
I would interpret this to mean that the estate could choose to continue the lease for the additional time if needed.
I would imagine that the lessees death would null and void the lease agreement.
However, check with an attorney to be certain.
- Michael Emery, "MikeEmery"
- Contributions:7298
North Dakota Statute 47-16-18:
"Upon the death of a lessee of real property for residential purposes, however, and at the option of any surviving lessee or of the estate of the decedent, the lease terminates on the last day of the month in the month following the death of the lessee unless the lease term expires before that time."
In other words of the tenant passed away January 1st, the lease would end on February 28th unless the lease ended prior to February 1st (used as example). The estate apparently would be liable for rent for the balance of the statutory period.
To determine your legal rights, always contact an attorney. This should not be construed as a legal opinion but is merely stating North Dakota law. There could be municipal laws in your community which supersede this law.
"Upon the death of a lessee of real property for residential purposes, however, and at the option of any surviving lessee or of the estate of the decedent, the lease terminates on the last day of the month in the month following the death of the lessee unless the lease term expires before that time."
In other words of the tenant passed away January 1st, the lease would end on February 28th unless the lease ended prior to February 1st (used as example). The estate apparently would be liable for rent for the balance of the statutory period.
To determine your legal rights, always contact an attorney. This should not be construed as a legal opinion but is merely stating North Dakota law. There could be municipal laws in your community which supersede this law.
- wetdawgs
- Contributions:26833
In most states, death is one of the few reasons one can legitimately break a lease without being responsible (or the estate being responsible) for the rest of the lease (and most likely security deposit must be returned to the estate.) There are also legal limits on the time the family has to deal with the deceased material possessions. Often it is 30 days, but please check your state's laws.
As a landlord, please consult with your attorney and then deal with the family members with compassion.
Is a renters estate responsible for the remainder of a lease if they pass away?
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